>.SP  Ukflw '"  la^^jfi? 


University  of  California 


K  .     I-'  K  A  N  Cl  S     I.  I  K  II  K  R 


&:& 


,    , 


-•>,  New  Y<-rk. 


MICHAEL     REESE 


1   -  T   3 


NOTES 


HISTORICAL  EVIDENCE 


IN  REFERENCE  TO 


ADVERSE  THEORIES 


OP  THE 


ORIGIN  AND  NATURE 


OF  THIS 


BOYEBHMEHT  OF  THE  UNITED  STATES  OF  AMERICA, 


BY 

JOHN  B.  DILLON, 

AUTHOR    OP    A    HISTORY    OP    INDIANA, 


'  Contemporanea  expositio   est  optima   et   fortissimo,  in  lege. ' ' — 
A  contemporaneous  exposition  is  the  best  and  strongest  in  law. 

Wharton's  Legal  Maxims. 


NEW   YORK:* 

PRINTED     BY     S.     W .     GREEN, 

No.     10     JACOB     STREET. 

1871. 


Entered  according  to  Act  of  Congress,  in  the  year  1871,  by 

JOHN    B.    DILLON, 
In  the  Office  of  the  Librarian  of  Congress,  at  Washington. 


Electrotyped  by  SMITH  &  McDoucAL,  82  Beckma*  Street. 


PREFATORY  NOTE. 

MANY  good  reasons  have  induced  me  to  believe  that 
a  fair  consideration  of  the  historical  facts  which  have 
been  compiled  from  various  authentic  sources,  and  em 
bodied  in  the  following  Notes,  will  help,  in  no  small 
degree — 

First,  To  weaken  the  power  of  certain  political  errors, 
which,  from  the  beginning  of  the  Government  of  the 
United  States  to  the  present  time,  have  constantly  exer 
cised  a  disturbing  influence  on  the  administration  of  the 
National  Affairs.  And, 

Secondly,  To  promote  the  growth,  and  the  perpetuity, 
of  sound  and  harmonious  opinions  on  important  questions 
which  relate  to  the  Origin  and  Nature  of  the  Government 
of  the  United  States,  to  the  Constitutional  powers  of 
Congress,  and  to  the  reserved  Eights  of  the  several  States 
of  the  Union. 

J.  B.  D. 

NEW  YOKE,  November,  1871. 


CONTENTS. 


CHAPTER   I. 

PAGE 

John  Adams  on  Party  Divisions 11 

John  Adams  on  Lost  History 11 

Disputes  on  Nature  of  Government 12 

Theory  of  Sovereignty  of  the  People 12 

Theory  of  State  Sovereignty lj|_ 

Views  in  favor  of  State  Sovereignty 13 

Sovereignty  "  Retained  " 14 

Congress,  in  1777,  on  Articles  of  Confederation 14 

Congress,  in  1779,  on  the  Internal  Policy  of  a  State 14 

Luther  Martin  on  State  Sovereignty,  and  James  Madison  on  Luther 

Martin 15,16 

Justice  Samuel  Chase  on  State  Sovereignty 16 

Virginia  Resolutions  of  1798 16 

Views  of  Virginia  House  of  Delegates  in  1799-1800 17 

Kentucky  Resolutions  of  1799 17 

Tucker's  Blackstone  on  State  Sovereignty 18 

John  Taylor,  of  Virginia,  on  State  Sovereignty 19 

Robert  Y.  Hayne,  of  South  Carolina,  on  State  Sovereignty  and  Powers 

of  Congress 20 

John  C.  Calhoun  on  State  Sovereignty. 22 

John  C.  Calhoun  on  Powers  of  the  General  Government 23 

South  Carolina  Convention  of  1832,  on  State  Sovereignty 23 

Nashville  Convention  of  1850,  on  the  Right  of  Secession 23 

National  Democratic  Convention  of  1856,  on  Kentucky  and  Virginia 

Resolutions 24 

National  Whig  Convention  of  1856,  on  the  Nature  of  the  Government 

of  the  United  States 24 

Daniel  Webster  on  State  Sovereignty 24 

William  II.  Seward  on  State  Sovereignty 25 

Chief  Justice  Taney   on   State   Sovereignty  and  the  Nature  of  the 

Government  of  the  United  States 25 

Justice  Catron  on  State  Sovereignty _26, 

James  Buchanan  on  Grants  of  Specific  Powers  by  the  States ~2& 

Jefferson  Davis  on  State  Sovereignty 26 

Shars wood's  Blackstone  on  State  Sovereignty 27 


v  CONTENTS. 

FAOK 

New  American  Cyclopaedia  on  Powers  not  Expressly  Granted  to  the 

Federal  Government 27 

Geographical  Dictionary  on  Powers  not  Expressly  Conceded  to  the 

General  Government 27 

Justice  Clifford  on  State  Sovereignty 28 

Chief  Justice  Chase  on  State  Sovereignty 28 

Edward  Everett  on  Sovereign  Republics 28 

CHAPTER    II. 

Influence  of  Authorities 29 

Contradictory  Theories 80 

Relating  to  Evidence 30 

Contemporaneous  Construction 30 

Rules  of  Construction 31 

CHAPTER    III. 

Definitions 33 

Grotius  on  Sovereignty 33 

Blackstone  on  Sovereignty 34 

Bouvier  on  Sovereignty 34 

Political  Sovereignty 34 

Story  on  Sovereignty 35 

Justice  Blair  on  Sovereignty,  and  the  word  "  Retain  " 35 

Nathan  Dane  on  Sovereignty 36 

Austin  on  Sovereignty 36 

M.  D'Alembert  on  the  Sovereign  Power  in  a  Republic 87 

James  Madison  on  Sovereignty 37 

Lewis  Cass  on  Sovereignty  in  the  United  States 37 

CHAPTER    IV. 

Of  Nations  and  States.    Noah  Webster's  definition  of  a  Nation 39 

Encyclopaedia  Britannica  on  the  word  Nation 39 

Phillimore  on  a  State 39 

Judge  Story  on  a  Sovereign  State 40 

Wheaton  on  Independent  States 40 

James  Madison  on  the  term  States 40 

New  American  Cyclopaedia  on  the  Sovereignty  of  a  State 41 

Montesquieu  on  Sovereign  States,  and  Crab  on  the  term  States 4t 

The  State  of  Great  Britain 42 

San  Marino,  a  State 42 

Tobasco,  a  State 42 

Austin  on  Confederated  States 43 

Mr.  Pendleton,  of  Virginia,  in  1788,  on  the  phrase  "  We,  the  People"..  42 

Mr.  Corbin,  of  Virginia,  in  1788,  on  "  We,  the  People  " 43 

Mr.  Wilson,  of  Pennsylvania,  in  1788,  on  "We,  the  People  of  the 

United  States"...  43 


CONTENTS,  Vii 

PAGE 

James  Madison  on  "  We,  the  People  " 44 

Mr.  Nicholas,  of  Virginia,  in  1788,  on  "  We,  the  People  " 44 

Bayard  on  "  the  People  of  the  United  States  " 45 


CHAPTER    Y. 

Virginia  House  of  Burgesses,  in  1774 46 

General  Congress  proposed,  in  1774 46 

Massachusetts  House  of  Representatives,  in  1774 47 

Meeting  of  Continental  Congress,  in  1774 47 

Object  of  the  Revolutionary  Movement 47 

On  Voting  in  Congress,  in  1774 48 

Association  formed  in  Congress,  1774 48 

Resolution  adopted  by  Officers  of  Dunmore's  Expedition,  in  1774 48 

Resolution  adopted  by  Inhabitants  of  Westmoreland  County,  Pennsyl 
vania,  in  1775 49 

Mechlenburg  Declaration,  in  1775 49 

"  Defense  of  American  Liberty  " 50 

"  The  Defense  of  America  " 50 

The  Union,  in  1775 50 

Address  to  the  People  of  Ireland,  in  1775 51 

On  Colonial  Petitions,  in  1775 51 

"  The  Cause  of  American  Liberty,"  in  1775 52 

Exports  from  certain  Colonies,  permitted  by  Congress,  in  1775 53 

America  "  has  a  blank  sheet  to  write  upon,"  in  1775 53 

Sermon  at  Philadelphia,  in  1775 53 

Whigs  and  Tories,  in  1775 53 

Provincial  Congress,  at  Watertown,  in  1775 54 

Thomas  Jefferson's  Views,  in  1775 54 

James  Wilson,  of  Pennsylvania,  on  the  Declaration  of  Independence. . .  55 

Views  of  the  Colonists  at  the  beginning  of  the  Revolution 55 

Germans,  in  1775 56 

CHAPTER    VI. 

Congress  recommends  the  Adoption  of  State  Governments 57 

Delegates  in  Congress  from  Virginia  instructed  to  propose  Declaration 

of  Independence 58 

Virginia  Bill  of  Rights,  in  1776 58 

Declaration  of  Independence 50 

Declaration  to  be  Proclaimed  in  each  of  the  United  States 59 

New  York  Convention,  in  1776 60 

Resolution  of  Congress,  in  1776 60 

Resolution  of  Congress,  in  1776 60 

Resolution  of  Congress,  in  1776 61 

Resolution  of  Congress,  in  1776 61 

John  Hancock's  Views,  in  1776 61 

Battalions  to  be  Enlisted,  in  1776 62 

Population  of  the  Union,  in  1775 62 


viii  CONTEXTS. 

FADE 

Instructions  to  Commissioners,  in  1776 63 

United  Colonies  changed  to  United  States,  in  1776 64 

America  to  be  "  great  among  the  Nations  of  the  Earth  " 64 

United  States  "  free  and  independent,"  in  1776 C4 

CHAPTER    VII. 

Articles  of  Confederation  proposed 65 

Mr.  Wilson,  of  Pennsylvania,  on  Confederation 65 

John  Adams  on  Confederation 66 

Congress  on  Confederation,  in  1777 60 

"Address  of   Congress  to  tho   Inhabitants  of  the   United  States  of 

America,"  in  1778 67 

Treaty  of  1778 67 

Treaty  of  1778 67 

Maryland  Gazette,  in  1778 68 

New  York  Journal,  in  1778 63 

New  Jersey  Gazette,  in  1779 >. 68 

King  of  France,  in  1780 68 

Anthony  Wayne  and  other  officers,  in  1780 69 

Proclamation  by  Congress,  in  1781 60 

John  Adams,  in  1781 69 

Pennsylvania,  Journal,  in  1782 69 

House  of  Delegates  of  Virginia,  in  1782 70 

Congress,  in  1783 70 

Secretary  of  Foreign  Affairs,  in  1783 70 

Congress,  in  1783 71 

Treaty  of  1 783 71 

Treaty  of  1785 71 

Lord  Sheffield,  in  1783 72 

The  Sardinian  Minister,  in  1783 72 

Congress,  in  1783 73 

Oration  at  Boston,  in  1783 73 

Washington,  in  1783 73 

Dr.  Witherspopn's  Opinion 74 

Pennsylvania  Journal,  of  1783 74 

Washington,  in  1783 74 

CHAPTER    VIII. 

Proclamation  by  Congress,  in  1781 75 

Thomas  Jefferson's  Views,  in  1785 76 

Congress,  in  1785 76 

Thomas  Jefferson,  in  1786 76 

General  Assembly  of  Virginia,  in  1786 78 

Congress,  in  1786 78 

Noah  Webster,  in  1786 79 

Thomas  Jefferson  on  Coercing  States 80 

Thomas  Jefferson  on  the  Confederation 80 

Resolution  of  Congress,  in  1787 80 


CONTENTS. 


CHAPTER    IX. 

PACK 

Resolution  of  Congress,  in  1787 81 

Theory  of  State  Sovereignty,  in  the  Convention  of  1787 81 

National  Government  and  State  Governments 82 

Opinions  of  Mr.  Wilson,  of  Pennsylvania,  in  1787 82 

Opinions  of  Charles  Pinckney,  of  South  Carolina,  in  1787 83 

Opinions  of  James  Madison,  in  1787 83 

Opinions  of  Alexander  Hamilton,  in  1787 84 

Views  of  Washington,  in  1787 84 

Opinion  of  Luther  Martin,  in  1788 85 

Views  of  Dr.  Benjamin  Rush,  in  1787 85 

Popular  Opinion  at  Philadelphia,  in  1788 8G 

Opinion  of  James  Madison,  in  1788 i 86 

Opinion  of  John  Marshall,  in  1788 87 

Opinion  of  Mr.  Corbin,  of  Virginia,  in  1788 87 

Opinion  of  Mr.  Wilson,  of  Pennsylvania,  in  1788 87 

Opinion  of  Mr.  Innis,  of  Virginia,  in  1788 87 

Opinions  of  Rawlins  Lowndes  and  of  Charles  Cotesworth  Pinckney,  in 

1788 88 

Opinion  of  George  Bancroft 89 

Opinion  of  Governor  Randolph,  of  Virginia,  in  1788 90 

Opinionsof  Henry  Lee,  of  Virginia,  in  1788 90 


CHAPTER    X. 

Opinions  of  Mr.  Page,  of  Virginia,  in  1789 91 

Opinions  of  James  Madison,  in  1789 91 

Vote  in  1789,  on  Restricting  Congress  to  the  Exercise  of  Powers  "  ex 
pressly  "  granted 92 

Erroneous  use  of  the  word  "  Expressly  " 93 

Views  of  Chief  Justice  Jay,  in  1793 93 

Views  of  Justice  Paterson,  in  1795 94 

Passages  in  Washington's  Farewell  Address 94 

John  Adams,  in  1799 95 

Views  of  Chief  Justice  Marshall,  in  1819 95 

Views  of  Andrew  Jackson,  in  1832 * 95 

Opinions  of  Joseph  Story 96 

Views  of  Daniel  Webster 97 

Opinion  of  John  C.  Calhoun 97 

Views  of  William  II.  Seward 98 

Opinion  of  John  Quincy  Adams 98 

Views  of  Chief  Justice  Chase 93 

James  Madison,  on  certain  Political  Errors 99 

James  Madison,  on  "  a  fundamental  error  " 99 

Views  of  the  Supreme  Court  of  the  United  States 100 


CONTEXTS. 


CHAPTER    XI. 

PAGE 

Opinions  expressed  in  Kent's  Commentaries 101 

Phrases  used  by  Congress,  before  the  Declaration  of  Independence. . . .  101 
Declaration  of  Independence  did  not  form  Thirteen  Separate  Sovereign 

States 102 

Resolutions  of  Congress  relating  to  the  Union 102 

Views  of  Charles  D.  Drake,  on  the  Origin  of  the  Union 103 

Of  Thirteen  Sovereign  States  or  Nations 104 

Of  the  Evidence  contained  in  these  Notes 105 


CHAPTER    XII. 

Views  of  James  Madison,  in  1830 106 

What  the  Evidence  in  these  Notes  seems  to  prove 100 

Congress  is  not  Restricted  to  the  Exercise  of  Powers  "  expressly " 

granted  by  the  Constitution 108 

Specific  Powers  and  General  Powers — State  Rights 109 

Of  National  Authority  and  State  Authority 110 

State  Rights  and  Constitutional  Prohibitions 110-11? 

CHAPTER    XIII. 

Prohibitions  to  Prevent  the  Exercise  of  Arbitrary  Power 118 

Patriotism  of  the  Defenders  of  the  Nation 118 

Restoration  of  Harmony  among  the  Citizens  of  the  Union 119 


CHAPTER    XIY. 

Growth  of  the  Region  West  of  the  Alleghany  Mountains 120 

Western  Pioneers 120 

Commingling  of  Diverse  Races 122 

Immigrants ^ 122 

Forming  a  New  Nation 123 

The  Strong  Supports  of  a  Great  Nation 124 


APPENDIX. 

Declaration  of  Independence 125 

Articles  of  Confederation 1 28 

Constitution  of  the  United  States 133 


CHAPTER   I. 


John  Adams  on  Party  Divisions. 

IN  a  letter  that  was  written  more  than  fifty  years  ago, 
Iby  John  Adams,  who  was  the  second  President  of  the 
United  States  of  America,  and  one  of  the  signers  of  the 
Declaration  of  American  Independence,  Mr.  Adams  said  : 
"  You  say  that  our  divisions  began  with  Federalism  and 
Anti-Federalism.  Alas  !  they  began  with  human  nature. 
They  have  existed  in  America  from  the  first  plantation. 
In  every  colony  divisions  always  prevailed.  In  New 
York,  Pennsylvania,  Virginia,  Massachusetts,  and  all  the 
rest,  a  court  and  a  country  party  have  always  contended. 
Whig  and  Tory  disputed  very  sharply  "before  the  Revolu 
tion,  and  in  every  step  during  the  Revolution.  Every 
measure  of  Congress,  from  1774  to  1788,  inclusively,  was 
disputed  with  acrimony." — Worlds  of  JoTin  Adams,  Vol. 
X,  p.  23. 

II. 

John  Adams  on  Lost  History. 

In  a  note  dated  "Quincy,  Jan.  3,  1817,"  and  addressed 
to  the  editor  of  Mies'  Register,  Mr.  Adams  said:  "In 
plain  English,  and  in  a  few  words,  Mr.  Mies,  I  consider 
the  true  history  of  the  American  Revolution,  and  of  the 


12  GOVERNMENT  OF  THE 

establishment  of  our  present  constitutions,  as  lost  forever. 
And  nothing  "but  misrepresentations,  or  partial  accounts 
of  it,  ever  will  be  recovered."-— Nile?  Register,  Jan.  18, 
1817. 

III. 

Disputes  on  Nature  of  Government. 

It  is  a  very  remarkable  example,  either  of  the  imper 
fection  of  human  knowledge,  or  of  the  perversity  of 
human  nature,  that,  from  the  4th  of  July,  1776,  to  the 
present  time  (1871),  the  people  of  the  United  States  of 
America  have  not  been  able  to  settle,  amicably  and 
definitely,  a  great,  vexatious,  and  dangerous  political 
controversy  in  reference  to  the  origin  and  nature  of  their 
own  Government. 

IV. 

TJieory  of  Sovereignty  of  the  People. 

The  supporters  of  the  theory  of  the  Sovereignty  of  tlie 
People  of  the  Nation,  believe  that  the  Declaration  of  the 
Independence  of  the  United  States  of  America  was  made 
"  in  the  name  and  by  the  authority  of  the  good  people" 
of  thirteen  united  British  colonies  ;  that  it  was  an  act  of 
original  inherent  sovereignty,  done  by  the  people  them 
selves  in  a  state  of  revolution  ;  that  the  Articles  of  Con 
federation,  which  went  into  force  on  the  first  of  March, 
1781,  were  not  formed  as  treaties  and  alliances  are  formed 
between  sovereign  and  independent  States ;  that  the 
powers  and  rights  granted  or  reserved  to  the  several 
States,  emanated  from  the  sovereign  power  of  the  nation ; 
that  the  Constitution  of  the  United  States  of  America 
was  ordained  and  established  by  the  will  of  the  people 
of  the  United  States;  and  that  its  powers  are  granted 


UNITED   STATES   OF  AMEEICA.  13 

"by  them,  "and  are  to  "be  exercised  directly  on  them, 
and  for  their  benefit." — Wheatorfs  Reports,  Vol.  IY,  p. 
316. 

This  theory  of  the  nature  of  the  Government  of  the 
United  States  has  "been  steadily  maintained  and  carried 
into  effect,  notwithstanding  the  disturbing  influence  of 
an  unceasing  opposition  on  the  part  of  able,  numerous, 
and  powerful  adversaries,  who  have  asserted — 

y. 

Of  the  Theory  of  State  Sovereignty : — 

That  when  the  thirteen  British  colonies  in  America 
renounced  their  allegiance  to  the  government  of  Great 
Britain,  they  became,  severally,  sovereign  and  indepen 
dent  States;  that  the  Articles  of  Confederation  were 
made,  by  these  States,  as  treaties  of  alliance  are  made 
by  sovereign  and  independent  nations ;  that  the  Con 
stitution  of  the  United  States  was  not  ordained  and  estab 
lished  by  the  will  of  the  people  of  the  United  States ; 
that  the  Constitution  is  a  compact  between  sovereign 
and  independent  States  ;  that  it  contains  grants,  from 
sovereign  and  independent  States,  to  the  National  Con 
gress,  of  certain  enumerated  and  restricted  powers ;  and 
that  Congress  can  only  lawfully  exercise  powers  which 
are  specifically  or  expressly  granted,  or  which  may  be 
necessary  and  proper  to  carry  such  powers  into  effect. 

VI. 

Views  in  Favor  of  State  Sovereignty. 

These  views  of  the  nature  of  the  Government  of  the 
United  States  of  America  have  been  spread  abroad 
among  the  people  of  the  nation  by  the  writings  and 
the  speeches  of  distinguished  public  men  ;  by  the  acts 
of  State  Legislatures;  by  resolutions  set  forth  in  the 


GOVERNMENT  OF  THE 

platforms  of  a  powerful  political  party ;  by  oilier 
opinions,  or  the  sayings  of  Judges  of  the  Supreme  Court 
of  the  United  States ;  by  editors  of  newspapers,  and  by 
authors  of  literary  publications  which  are,  in  many 
respects,  accurate  and  valuable.  For  example— 

VII. 

Sovereignty  "retained." 

The  Articles  of  Confederation,  which  went  into  force  on 
the  first  of  March,  1781,  declared  that  each  State  retained 
its  "sovereignty,  freedom,  and  independence,  and  every 
power,  jurisdiction  and  right"  which  was  not,  by  the 
Confederation,  "  expressly  delegated  to  the  United  States 
in  Congress  assembled." 

VIII. 
Congress  of  1777. 

"Let  them"  (the  Articles  of  Confederation)  "be  can 
didly  reviewed  under  a  sense  of  the  difficulty  of  combin 
ing  in  one  general  system  the  various  sentiments  and 
interests  of  a  continent  divided  into  so  many  sovereign 
and  independent  communities,  under  a  conviction  of  the 
absolute  necessity  of  uniting  all  our  councils,  and  all  our 
strength,  to  maintain  and  defend  our  common  liberties."— 
Circular  Letter,  agreed  to  in  Congress,  Nov.  17,  1777. 

IX. 

Congress  of  1779. 

In  Congress,  June  28,  1779:— "The  committee,  con 
sisting  of  Mr.  McKcan,  Mr.  Lovell,  and  Mr.  Paca,  to 
whom  was  referred  the  memorial  of  Messrs.  John  Cox 
and  Charles  Petit,  Assistant  Quartermaster-General,  re- 


UNITED   STATES   OF  AMEKICA.  15 

port  that  they  have  come  to  the  following  resolution 
thereupon,  viz.  : — That  Congress  cannot,  in  any  manner, 
control  the  Legislature  of  New  Jersey  in  the  internal 
police  of  said  State.  That  it  is  not  to  "be  presumed  that 
any  citizen  will  "be  unjustly  or  oppressively  taxed  in  any 
State,  without  remedy,  Iby  appeal  or  otherwise,  within 
the  same. 

"  Resolved,  That  Congress  agree  to  said  Report." 


X. 

Views  of  Lutlier  Martin. 

The  published  opinions  of  Luther  Martin,  of  Maryland, 
who  was  a  member  of  the  convention  that  formed  the 
Constitution  of  the  United  States,  contain  the  following 
passages:  "When  the  States  threw  off  their  allegiance 
to  Great  Britain,  they  became  independent  of  her  and  of 
each  other."—  Elliot' s  Debates,  Vol.  I,  p.  423.  "The 
separation  from  Great  Britain  placed  the  thirteen  States 
in  a  state  of  nature  towards  each  other." — Madison 
Papers,  Supplement  to  Elliot?  s  Debates,  Vol.  V,  p.  213. 
"  Every  argument  which  shows  one  man  ought  not  to  have 
more  votes  than  another,  because  he  is  wiser,  stronger, 
or  wealthier,  proves  that  one  State  ought  not  to  have  more 
votes  than  another,  because  it  is  stronger,  richer,  or 
more  populous." — EllioV  s  Debates,  Vol.  I,  p.  353. 
"Everything  which  relates  to  the  formation,  the  disso 
lution,  or  the  alteration  of  a  federal  government  over 
States  equally  free,  sovereign,  and  independent,  is  the 
peculiar  province  of  the  States  in  their  sovereign  or  politi 
cal  capacity,  in  the  same  manner  as  what  relates  to  forming 
alliances  or  treaties  of  peace,  amity,  or  commerce  ;  *  *  * 
the  people  at  large,  in  their  individual  capacity,  have  no 
more  right  to  interfere  in  the  one  case  than  in  the  other."— 
Elliot's  Debates,  Vol.  I,  p.  387. 


16  GOVERNMENT   OF  THE 

James  Madison  on  Luther  Martin. 

*  *  *  In  a  letter  under  the  date  of  June  5, 1835,  James 
Madison  said:  "The  passions  and  prejudices  of  Mr.  L. 
Martin,  betrayed  in  his  published  letter,  could  not  fail 
to  discolor  his  representations.  He  also  left  the  Conven 
tion  before  the  completion  of  their  work.  I  have  heard, 
but  will  not  vouch  for  the  fact,  that  he  became  sensible 
of  and  admitted  his  error.  Certain  it  is,  that  he  joined 
the  party  who  favored  the  Constitution  in  its  most  liberal 
construction." — Writings  of  James  Madison,  Vol.  IV, 
p.  381. 

XI. 

Opinion  of  Justice  Samuel  Chase. 

In  1790,  Mr.  Justice  Samuel  Chase,  of  the  Supreme 
Court  of  the  United  States,  in  referring  to  tho  Decla 
ration  of  American  Independence,  said  :  "I  consider  tliis 
as  a  declaration,  not  that  the  united  colonies  jointly,  in  a 
collective  capacity,  were  independent  States,  &c.,  but  that 
each  of  them  had  a  right  to  govern  itself  by  its  own 
authority,  and  its  own  laws,  without  any  control  from  any 
other  power  upon  earth." — Dallas'  Reports,  Vol.  Ill, 
p.  224.  Mr.  Chase  was  one  of  the  signers  of  the  Decla 
ration  of  Independence. 

XII. 

Virginia  Resolutions  of  1798. 

The  Virginia  Eesolutions  of  1798,  adopted  by  the 
House  of  Delegates,  December  21,  and  by  the  Senate,  De 
cember  24,  declare,  "explicitly  and  peremptorily,"  that 
the  General  Assembly  of  Virginia  "views  the  powers  of 
the  Federal  Government  as  resulting  from  the  compact  to 
which  the  States  are  parties,  as  limited  by  the  plain  sense 
and  intention  of  the  instrument  constituting  that  compact, 


UNITED   STATES   OF  AMEEICA.  17 

as  no  farther  valid  than  they  are  authorized  by  the  grants 
enumerated  in  that  compact ;  and  that  in  case  of  a  de 
liberate,  palpable,  and  dangerous  exercise  of  other 
powers,  not  granted  by  the  said  compact,  the  States,  who 
are  parties  thereto,  have  the  right,  and  are  in  duty  bound, 
to  interpose,  for  arresting  the  progress  of  the  evil,  and  for 
maintaining  within  their  respective  limits,  the  authorities, 
rights,  and  liberties  appertaining  to  them." 

XIII. 

Virginia  House  of  Delegates,  1799 — 1800. 

Extract  from  a  report  of  a  Committee  of  the  Yirginia 
House  of  Delegates,  at  the  session  of  1799—1800:  "The 
States,  then,  being  the  parties  to  the  Constitutional 
compact,  and  in  their  sovereign  capacity,  it  follows  of 
necessity  that  there  can  be  no  tribunal  above  their 
authority  to  decide,  in  the  last  resort,  whether  the  com 
pact  made  by  them  be  violated ;  and,  consequently,  that, 
as  the  parties  to  it,  they  must  themselves  decide,  in  the 
last  resort,  such  questions  as  may  be  of  sufficient  magni 
tude  to  require  their  interposition."— Madisort s  Works, 
Vol.  IY,  p.  517. 

XIY. 

Kentucky  Resolutions,  1799. 

The  Kentucky  Resolutions,  of  1799,  declare  that 
the  several  States  "by  compact,  under  the  style  and 
title  of  a  Constitution  for  the  United  States,  and  of 
amendments  thereto,"  "constituted  a  General  Govern 
ment  for  special  purposes,  delegated  to  that  Govern 
ment  certain  definite  powers,  reserving,  each  State  to 
itself,  the  residuary  mass  of  right  to  their  own  self- 
government  ;  and  that  whensoever  the  General  Govern 
ment  assumes  undelegated  powers,  its  acts  are  un- 
2 


18  GOVERNMENT  OF  THE 

authoritative,  void,  and  of  no  force ;  that  to  this  com 
pact  each  State  acceded  as  a  State,  and  is  an  integral 
party;  its  co-States  forming,  as  to  itself,  the  other 
party;"  and  "that,  as  in  all  other  cases  of  compact 
among  parties  having  no  common  judge,  eacli  party 
has  a  right  to  judge  for  itself,  as  well  of  infractions  as 
of  the  mode  and  measure  of  redress." 


XV. 

Tuclcer's  BlacTcstone. 

The  Appendix  to  the  first  volume  of  Tucker's* 
Blackstone,  published  in  Philadelphia  in  1803,  contains 
the  following  passages:  "Whatever  political  relation 
existed  between  the  American  colonies  antecedent  to 
the  Revolution,  as  constituent  parts  of  the  British  em 
pire,  or  as  dependencies  upon  it,  that  relation  was  com 
pletely  dissolved  and  annihilated  from  that  period. 
From  the  moment  of  the  Revolution  they  became  seve 
rally  independent  and  sovereign  States,  possessing  all 
the  rights,  jurisdictions,  and  authority  that  other  sove 
reign  States,  however  constituted,  or  by  whatever  title 
denominated,  possess ;  and  bound  by  no  ties  but  of 
their  own  creation,  except  such  as  all  other  civilized 
nations  are  equally  bound  by,  and  which  together  con 
stitute  the  customary  law  of  nations." — Appendix,  p.  150. 
"The  right  of  sovereignty,  therefore,  in  all  cases  not 
expressly  ceded  to  the  United  States  by  the  Constitution, 
or  prohibited  by  it  to  the  several  States,  remains  in 
violably  with  the  States  respectively."  —Appendix,  p. 
176.  The  Federal  Government,  then,  appears  to  be  the 
organ  through  which  the  United  Republics  communicate 

*  St.  George  Tucker  was  Professor  of  Law  in  the  University  of  William 
and  Mary,  in  Virginia,  and  one  of  the  Judges  of  the  General  Court  of  that 
State. 


UNITED  STATES  OF  AMERICA.  19 

with  foreign  nations,  and  with  each  other.  Their  sub 
mission  to  its  operation  is  voluntary :  its  councils,  its 
engagements,  its  authority  are  theirs,  modified  and 
united.  Its  sovereignty  is  an  emanation  from  theirs, 
not  a  flame  by  which  they  have  "been  consumed,  nor 
a  vortex  in  which  they  are  swallowed  up.  Each 
is  still  a  perfect  State,  still  sovereign,  still  independent, 
and  still  capable,  should  the  occasion  require,  to  resume 
the  exercise  of  its  functions,  as  such,  in  the  most  un 
limited  extent." — Appendix,  p.  187. 

XVI. 

JoJin  Taylor,  of  'Virginia. 

A  work  that  was  written  by  John  Taylor,  of  Virginia, 
and  published  in  1820,  contains  the  following  passages : 
"The  State  sovereignties  made,  may  revoke,  or  can  alter 
the  Constitution  itself ;  and  therefore  the  supremacy  be 
stowed  upon  the  Constitution,  being  some  power  sub 
servient  to  the  State  sovereignties,  demonstrates  that  the 
word  'supreme'  was  used  in  a  sense  subordinate  to 
these  sovereignties ;  and  being  used  in  that  sense,  it  is 
impossible  that  the  people  intended  it  as  a  revocation 
of  those  powers,  or  of  any  of  their  appurtenances,  or 
of  the  spherical  sovereignties,  previously  bestowed,  never 
recalled,  and  specially  reserved  to  the  State  governments 
by  the  sovereignties,  to  whom  the  whole  Constitution 
and  all  its  words  are  subordinate."  *  *  *  "  Previously 
to  the  Union,  the  States  were  in  the  enjoyment  of  sove 
reignty  or  supremacy.  Not  having  relinquished  it  by 
the  Union,  in  fact  having  then  exercised  it,  there  was 
no  occasion,  in  declaring  the  supremacy  of  the  Constitu 
tion  and  laws  made  in  pursuance  thereof,  to  notice  that 
portion  of  State  supremacy,  originally  attached  to, 
not  severed  from,  and  of  course  remaining  with  the 


20  GOVEKXMEOT  OF  THE 

powers  not  delegated  to  the  Federal  Government ;  whilst 
it  was  necessary  to  recognize  that  other  portion  of 
supremacy  attached  to  the  special  powers  transferred 
from  the  States  to  the  Federal  Government."  *  *  *  "The 
States  by  common  consent  may  dissolve  or  modify  the 
Union,  over  which,  "by  the  natural  right  of  self-govern 
ment,  which  they  have  never  relinquished,  they  retain 
a  complete  supremacy."-— Construction  Construed,  pp. 
122,  127,  142. 

XVII. 

Vieios  of  Robert  T.  Haync,  of  South  Carolina. 

On  the  27th  of  January,  1830,  in  the  Senate  of  the 
United  States,  Robert  Y.  Hayne,  a  distinguished  Senator 
from  South  Carolina,  delivered  a  speech  in  which  the 
following  passages  appear : 

"Nothing  can  be  clearer  than  that,  under  such  a 
system,  the  Federal  Government,  exercising  strictly  dele 
gated  powers,  can  have  no  right  to  act  beyond  the  pale 
of  its  authority,  and  that  all  such  acts  are  void.  A 
State,  on  the  contrary,  retaining  all  powers  not  expressly 
given  away,  may  lawfully  act  in  all  cases  where  she  has 
not  voluntarily  imposed  restrictions  on  herself."  *  *  * 
"All  sovereigns  are  of  necessity  equal;  and  any  one 
State,  however  small  in  population  or  territory,  has  the 
same  rights  as  the  rest,  just  as  the  most  insignificant 
nation  in  Europe  is  as  much  sovereign  as  France,  or 
Russia,  or  England."  *  *  * 

"It  is  clear  that  questions  of  sovereignty  are  not  the 
proper  subjects  of  judicial  investigation.  They  are  much 
too  large,  and  of  too  delicate  a  nature,  to  be  brought 
within  the  jurisdiction  of  a  court  of  justice.  Courts, 
whether  supreme  or  subordinate,  are  the  mere  creatures 
of  the  sovereign  power,  designed  to  expound  and  carry 
into  effect  its  sovereign  will.  No  independent  State  ever 


UNITED  STATES   OF  AMEEICA.  21 

yet  submitted  to  a  judge  on  the  bench  the  true  con-  \ 
struction  of  the  compact  between  himself  (?)  and  another  \ 
sovereign."  *  *  * 

"I  think  I  have  now  shown  that  the  right  of  a  State 
to  judge  of  infractions  of  the  Constitution,  on  the  part 
of  the  Federal  Government,  results  from  the  very  nature 
of  the  compact ;  and  that,  neither  by  the  express  pro 
visions  of  that  instrument,  nor  by  any  fair  implication, 
is  such  a  power  exclusively  reserved  to  the  Federal 
Government,  or  any  of  its  departments — executive,  legis 
lative,  or  judicial."  *  *  * 

"No  doubt  can  exist,  that,  before  the  States  entered 
into  the  compact,  they  possessed  the  right,  to  the  fullest 
extent,  of  determining  the  limits  of  their  own  powers — 
it  is  incident  to  all  sovereignty.  Now,  have  they  given 
away  that  right,  or  agreed  to  limit  or  restrict  it  in  any 
respect  ?  Assuredly  not.  They  have  agreed  that  certain 
specific  powers  shall  be  exercised  by  the  Federal  Govern 
ment,  but  the  moment  that  Government  steps  beyond  the 
limits  of  its  charter,  the  right  of  the  States  '  to  interpose 
for  arresting  the  progress  of  the  evil,  and  maintaining, 
within  their  respective  limits,  the  authorities,  rights,  and 
liberties  appertaining  to  them,'  is  as  full  and  complete 
as  it  was  before  the  Constitution  was  formed.  It  was 
plenary  then,  and  never  having  been  surrendered,  must 
be  plenary  now.  But  what  then  ?  asks  the  gentleman. 
A  State  is  brought  into  collision  with  the  United  States 
in  relation  to  the  exercise  of  unconstitutional  power: 
who  is  to  decide  between  them  ?  Sir,  it  is  the  common 
case  of  difference  of  opinion  between  sovereigns  as  to 
the  true  construction  of  a  compact.  Does  such  a  differ 
ence  of  opinion  necessarily  produce  war?  No.  And 
if  not  among  rival  nations,  why  should  it  do  so  among 
friendly  States?"  *  *  '-—Gales  and  Seatorts  Register  of 
Debates  in  Congress. 


22  GOVERNMENT  OF  THE 

XVIII. 

Views  of  John  O.  Calhoun. 

In  an  "  Address  on  the  relation  which  the  States  and 
General  Government  bear  to  each  other,"  John  C.  Cal- 
houn,  of  South  Carolina,  said :  "  The  great  and  leading 
principle  is,  that  the  General  Government  emanated  from 
the  people  of  the  several  States,  forming  distinct  political 
communities,  and  acting  in  their  separate  and  sovereign 
capacity,  and  not  from  all  the  people  forming  our  aggre 
gate  political  community  ;  that  the  Constitution  of  the 
United  States  is,  in  fact,  a  compact  to  which  each  State 
is  a  party,  in  the  character  already  described ;  and  that 
the  several  States,  or  parties,  have  a  right  to  judge  of  its 
infractions ;  and  in  case  of  a  deliberate,  palpable,  and 
dangerous  exercise  of  power  not  delegated,  they  have  the 
right,  in  the  last  resort,  to  use  the  language  of  the  Vir 
ginia  Resolutions,  '  to  interpose  for  arresting  the  progress 
of  the  evil,  and  for  maintaining,  within  their  respective 
limits ',  the  authorities,  rights,  and  liberties  appertaining 
to  them.'  This  right  of  interposition,  solemnly  asserted 
by  the  State  of  Virginia,  be  it  called  what  it  may — State 
right,  veto,  nullification,  or  by  any  other  name — I  con 
ceive  to  be  the  fundamental  principle  of  our  system, 
resting  on  facts  historically  as  certain  as  our  Revolution 
itself,  and  deductions  as  simple  and  demonstrative  as  that 
of  any  political  or  moral  truth  whatever ;  and  I  firmly 
believe  that  on  its  recognition  depend  the  stability  and 
safety  of  our  political  institutions."  *  *  *  "That 
different  opinions  are  entertained  on  this  subject,  I  con 
sider  but  as  an  additional  evidence  of  the  great  diversity 
of  the  human  intellect."  *  *  *  "The  error  may 
possibly  be  with  me,  but  if  so,  I  can  only  say  that,  after 
the  most  mature  and  conscientious  examination,  I  have 
not  been  able  to  detect  it."— Calhourts  Works,  Vol.  VI, 
pp.  GO-G2. 


UNITED  STATES   OF  AMEEICA.  23 

XIX. 

John  C.  Calhoun. 

"The  General  Government  is  one  of  specific  powers; 
and  it  can  rightfully  exercise  only  the  powers  expressly 
granted,  and  those  that  may  "be  necessary  and  proper  to 
carry  them  into  effect." — Calhourts  Works,  Vol.  VI,  p.  2. 

XX. 

Nullification  Convention  of  1832. 

The  Eeport  of  a  Committee  of  twenty-one  members, 
appointed  by  the  Nullification  Convention  of  South  Caro 
lina  in  1832,  contains  the  following  passage:  " Before 
the  Federal  Government  had  thus  been  called  into  being, 
the  several  States  unquestionably  possessed  as  full  sover 
eignty,  and  were  as  independent  of  each  other,  as  the 
most  powerful  nations  of  the  world. — President  Jacksort s 
Message  and  accompanying  documents,  transmitted  to 
Congress,  January  16,  1833. 

XXI. 

Nashville  Convention,  1850. 

A  Convention,  in  which  the  States  of  Alabama,  Flori 
da,  Georgia,  Mississippi,  South  Carolina,  Virginia,  and 
Tennessee  were  represented,  re-assembled  at  Nashville, 
Tennessee,  in  November,  1850,  and  adopted  a  Preamble 
and  Resolutions,  in  which  it  is  asserted  that,  when  the 
Constitution  of  the  United  States  was  adopted,  "the 
States  of  this  Confederacy  acceded  to  that  compact,  each 
State  for  itself,  and  ratified  it  as  States  ;"  and  that  "if  the 
non- slaveh olding  States,  who  are  parties  to  that  compact, 
disregard  its  provisions  and  endanger  our  peace  and  ex 
istence  by  united  and  deliberate  action,  we  have  a  right, 


24  GOVERNMENT  OF  THE 

as  Slates,  there  being  no  common  arbiter,  to  secede." — 
ClusJcey's  Political  Text- Book,  p.  634. 

XXII. 

National  Democratic  Convention,  1856. 

The  National  Democratic  Convention  of  185G  resolved : 
"  That  the  Democratic  party  will  faithfully  abide  by  and 
uphold  the  principles  laid  down  in  the  Kentucky  and 
Virginia  Eesolutions  of  1798,  and  in  the  Report  of  Mr. 
Madison  to  the  Virginia  Legislature  in  1799 ;  that  it 
adopts  those  principles  as  constituting  one  of  the  main 
foundations  of  its  political  creed,  and  is  resolved  to  carry 
them  out  in  their  obvious  meaning  and  import."- 
Cluskey }s  Political  Text-Book,  p.  127. 

xxni. 

National  Wliig  Convention,  185G. 

The  National  Whig  Convention  of  185G  resolved : 
"That  the  Government  of  the  United  States  was  formed 
by  the  conjunction  in  political  unity  of  wide-spread 
geographical  sections,  materially  differing,  not  only  in 
climate  and  products,  but  in  social  and  domestic  institu 
tions."  *  *  * 

XXIV. 

Daniel  Webster. 

Daniel  Webster  said :  "  The  Confederation  was,  in  strict 
ness,  a  compact ;  the  States,  as  States,  were  parties  to  it." 
-Webster's  Works,  Vol.  Ill,  p.  346.  "The  States  are 
unquestionably  sovereign,  so  far  as  their  sovereignty  is 
not  affected  by  this  supreme  law"  (the  Constitution  of 
the  United  States).—  Webster* s  Works,  Vol.  Ill,  p.  321. 


UNITED   STATES   OP  AMEEICA.  25 

XXV. 

William  II.  Seward. 

William  H.  Seward  said:  "The  public  lands  were 
ceded  by  the  several  States  and  acquired  by  the  United 
States  of  America  before  the  Federal  Constitution  was 
adopted,  and  at  a  time  when  the  United  States  of  America 
was  that  mere  confederacy  of  independent  sovereign  States 
that  South  Carolina,  in  1832,  insisted  that  it  continued  to 
be,  notwithstanding  the  adoption  of  the  Federal  Consti 
tution. — Bewares  WorJcs,  Vol.  II,  p.  415. 

? 

XXVI. 

Views  of  Chief  Justice  Taney. 

In  delivering  the  opinion  of  the  Supreme  Court  of  the 
United  States,  in  the  case  of  Dred  Scott  versus  John  F.  A. 
Sandford,  Mr.  Chief  Justice  Taney  said:  "We  must 
recur  to  the  governments  and  institutions  of  the  thirteen 
Colonies,  when  they  separated  from  Great  Britain  and 
formed  new  sovereignties,  and  took  their  places  in  the 
family  of  independent  nations. ' '  *  *  *  <  <  What  was  " 
[in  1784]  "called  the  United  States,  were  thirteen  separate, 
sovereign,  independent  States,  which  had  entered  into  a 
league  or  confederation  for  their  mutual  protection  and 
advantage,  and  the  Congress  of  the  United  States  was 
composed  of  the  representatives  of  these  separate  sover 
eignties."  *  *  *  "It  was  little  more  than  a  Congress 
of  ambassadors,  authorized  to  represent  separate  nations, 
in  matters  in  which  they  had  a  common  concern."  *  *  * 
"It  must  be  borne  in  mind  that  the  same  States  that 
formed  the  Confederation  also  formed  and  adopted  the 
new  Government,  to  which  so  large  a  portion  of  their 
former  sovereign  powers  were  surrendered."  *  *  * 
"The  principle  upon  which  our  governments  rest,  and 


26  GOVERNMENT  OF  THE 

upon  which  alone  they  continue  to  exist,  is  the  union  of 
States,  sovereign  and  independent  within  their  own  limits 
in  their  internal  and  domestic  concerns,  and  bound  to 
gether  as  one  people  by  a  General  Government,  possessing 
certain  enumerated  and  restricted  powers,  delegated  to 
it  by  the  people  of  the  several  States,  and  exercising 
supreme  authority  within  the  scope  of  the  powers  granted 
to  it,  throughout  the  dominion  of  the  United  States."— 
Howard's  Reports,  Vol.  XIX,  pp.  407,  434,  438,  447,  448. 

XXVII. 

Mr.  Justice  Calron. 

Mr.  Justice  Catron,  of  the  Supreme  Court  of  the  United 
States,  said  :  "Before  the  new  Constitution  was  adopted, 
she"  (Virginia)  "had  as  much  right  to  treat  and  agree  as 
any  European  government  had." — Howard's  Reports, 
Vol.  XIX,  p.  523. 

XXVIII. 

James  Buchanan. 

James  Buchanan,  when  he  was  President  of  the  United 
States,  said  :  "The  Federal  Constitution  is  a  grant  from 
the  States  to  Congress  of  certain  specific  powers." — Inau 
gural  Address. 

XXIX. 

Jefferson  Davis. 

In  a  speech  delivered  in  the  Senate  of  the  United 
States,  on  the  13th  of  August,  1850,  Jefferson  Davis  said : 
"This,  sir,  is  a  Union  of  sovereign  States,  under  a  com 
pact  which  delegated  certain  powers  to  the  General  Gov 
ernment  and  reserved  all  else  to  the  States  respectively,  or 
to  the  people." 


UNITED   STATES   OF  AMEEICA.  27 

XXX. 

SJiarswood^s  Blackstone. 

Professor  STiarswood's  Blackstone  (Vol.  I,  p.  48,  note), 
says:  "The  Declaration  of  Independence  was  the  joint 
and  several  act  of  the  Colonies,  and  its  effect  was  to  con 
stitute  each  separate  colony  a  free  and  independent  State." 

XXXI. 

American  Cyclopcedia. 

The  New  American  Cyclopcedia  (Yol.  XV,  p.  735), 
says:  "The  several  States  of  the  Union,  as  far  as  their 
internal  affairs  are  concerned,  are  sovereign  and  inde 
pendent  ;  while  for  the  common  interest  of  all  they  dele 
gate  a  portion  of  their  powers  to  a  central  government, 
whose  edicts  and  laws,  so  long  as  they  are  not  in  conflict 
with  the  Constitution,  are  paramount  to  State  authority. 
All  powers  not  expressly  granted  by  the  Constitution  to 
the  Federal  Government,  nor  prohibited  by  it  to  the 
States,  are  reserved  to  the  States  respectively  or  to 
the  people. 

XXXII. 

Geographical  Dictionary. 

A  Complete  Pronouncing  Gazetteer  ^  or  Geographical 
Dictionary  of  the  World  (1866,  p.  1997),  says:  "The 
Government  of  ths  United  States  is  a  confederation  of 
various  States,  delegating  a  portion  of  their  power  to  a 
central  government,  whose  edicts  and  laws,  so  far  as 
granted  constitutionally,  are  always  paramount  to  State 
authority  ;  but  all  powers  not  expressly  conceded  by  that 
Constitution  are  tacitly  reserved  to  the  States." 


28  GOVERNMENT  OF  THE 

XXXIII. 

Mr.  Justice  Clifford. 

Mr.  Justice  Clifford,  of  the  Supreme  Court  of  the 
United  States,  says:  " Counties  and  other  municipal 
corporations  were  created  by  the  States ;  but  the  States 
were  not  created  by  the  United  States,  as  the  States 
existed  as  independent  sovereignties  before  even  the 
Union  was  formed." — Printed  Copy  of  Judge  Clifford's 
Opinion,  among  the  papers  in  the  office  of  the  Clerk  of 
the  Circuit  Court,  of  the  United  States  Boston. 

XXXIY. 

Chief  Justice  CJiase. 

Mr.  Chief  Justice  Chase,  of  the  Supreme  Court  of  the 
United  States,  says:  " Under  the  Articles  of  Confedera 
tion  each  State  retained  its  sovereignty,  freedom,  and 
independence,  and  every  power,  jurisdiction,  and 
right,  not  expressly  delegated  to  the  United  States." — 
Wallace's  Reports,  Vol.  VII,  p.  725. 

XXXV. 

Edward  Everett. 

Edward  Everett  said:  "The  framers  of  the  Consti 
tution  devised  a  scheme  of  confederate  and  representative 
sovereign  Republics,  united  in  a  happy  distribution  of 
powers,  which,  reserving  to  the  separate  States  all  the 
political  functions  essential  to  local  administration  and 
private  justice,  bestowed  upon  the  General  Government 
those,  and  those  only,  required  for  the  service  of  the 
whole."— Everett's  Orations  and  Speeches,  Vol.  I,  p.  167. 


UNITED  STATES  OF  AMEEICA.  29 


CHAPTER   II 


i. 

Influence  of  Authorities. 

BY  the  instruction  of  the  numerous  and  influential 
authorities  which  are  cited  in  the  preceding  chapter,  and 
by  the  writings  and  the  speeches  of  a  great  number  of 
politicians  (who,  if  they  are  less  distinguished  than  these 
authorities,  have  been  very  earnestly  engaged  in  the 
work  of  disseminating  their  views),  a  large  part  of  the 
population  of  the  United  States  have  been  induced  to 
believe  that  the  Declaration  of  American  Independence 
made  thirteen  separate,  sovereign,  and  independent 
States — that  these  thirteen  separate,  sovereign,  and  inde 
pendent  States  formed  for  themselves  Articles  of  Con 
federation,  as  treaties  of  alliance,  commerce,  &c.  are 
formed  between  sovereign  and  independent  nations — that 
the  Constitution  of  the  United  States  was  not  ordained 
and  established  by  the  will  of  "the  people  of  the  United 
States,"  but  that  it  was  established  as  a  compact  between 
sovereign  and  independent  States— and  that  the  Congress 
of  the  United  States  can  lawfully  exercise  only  such 
powers  as  are  expressly  granted  by  the  Constitution,  or 
those  which  may  be  necessary  and  proper  to  carry  such 
powers  into  effect. 


30  GOVERNMENT  OF  THE 

II. 

Contradictory  TJieories. 

The  two  contradictory  theories  relating  to  the  origin 
and  nature  of  the  Government  of  the  United  States  of 
America,  ought  to  "be  treated  as  questions  which  can  be 
rightfully  decided  only  in  the  light  of  evidence  arising 
from  history,  from  the  principles  of  international  law, 
and  from  the  legislation  and  general  jurisprudence  of 
the  nation. 

III. 
Evidence. 

The  acts,  opinions,  and  intentions  of  the  statesmen 
who  proclaimed  the  Declaration  of  American  Independ 
ence,  and  adopted  the  Articles  of  Confederation,  and  the 
acts,  opinions,  and  intentions  of  the  statesmen  who  framed 
the  Constitution  of  the  United  States,  ought  to  be  ad 
mitted  as  evidence  of  the  highest  authority  on  the  sub 
jects  to  which  they  are  relative;  and  as  conclusive 
evidence  on  certain  questions  concerning  the  true  princi 
ples  on  which  the  Government  of  the  United  States  of 
America  is  founded. 

IY. 

Contemporaneous  Construction. 

Presumptive  evidence  of  the  state  of  public  opinion  in 
the  United  States,  in  reference  to  the  nature  of  the  Gov 
ernment  during  the  time  that  elapsed  between  the  years 
1776  and  1788,  may  be  l>ased  upon  the  statements  of 
eminent  men  of  that  period.  "  Great  regard,"  says  Lord 
Coke,  "ought,  in  construing  a  statute,  to  be  paid  to  the 
construction  which  the  sages  of  the  law  who  lived  about 
the  time  or  soon  after  it  was  made,  put  upon  it ;  because 


UNITED  STATES   OF  AMEEICA.  31 

they  were  "best  able  to  judge  of  the  intention  of  the 
makers  at  the  time  when  the  law  was  made."  The  same 
principle  has  been  applied  in  the  United  States,  to  a 
certain  extent,  in  the  construction  of  constitutions." — 
SedgwicJfs  Treatise,  p.  251. 

Y. 

Rules  of  Construction. 

The  unreasonable  and  profitless  controversies  which 
are  still  maintained,  relative  to  the  true  meaning  of 
certain  words,  or  phrases,  which  appear  in  the  Declara 
tion  of  Independence,  in  the  Articles  of  Confederation, 
and  in  the  Constitution  of  the  United  States,  ought  to 
be  definitively  settled  in  conformity  with  the  most 
reasonable  and  equitable  rules  which  have  been  estab 
lished  among  enlightened  nations,  for  the  interpretation 
of  contracts,  laws,  and  constitutions.  According  to  these 
rules,  it  is  necessary — 

1st. — To  make,  in  all  the  particular  cases  which  pre 
sent  themselves,  a  just  application  of  what  has  been 
decreed  in  a  general  manner. 

3d. — As  soon  as  we  meet  with  any  obscurity  in  a 
document,  we  should  seek  for  what  was  probably  in  the 
thoughts  of  those  who  drew  it  up ;  and  we  ought  to 
interpret  it  accordingly. 

3d. — Every  interpretation  that  leads  to  an  absurdity 
ought  to  be  rejected. 

4th. — Words  ought  to  be  construed  according  to  the 
intent  of  those  who  use  them,  and  not  otherwise. 

5th. — Ambiguous  words,  or  words  having  a  double 
sense,  are  to  be  construed  so  as  to  make  them  stand  with 
law  and  equity. 

6th. — Words  which  are  in  themselves  uncertain,  may 
be  made  certain  by  subsequent  words. 


32  GOVERNMENT  OF  THE 

7tli. — In  every  agreement  the  intent  is  the  chief  thing 
to  be  considered. 

8th. — In  an  Act  of  Parliament  the  intention  appear 
ing  in  the  Preamble  shall  control  the  letter  of  the  law. 

9th. — When  a  word,  or  a  sentence,  is  capable  of 
several  significations,  conjectures  are  necessary  to  find 
out  the  true  one. 

10th. — Obscure  expressions  must  not  have  meanings 
put  upon  them,  contrary  to  express  declarations. 

llth. — "  Where  the  language  of  a  document,  of  what 
ever  description,  is  doubtful,  its  meaning  is  best  under 
stood  by  reference  to,  and  consideration  of,  the  circum 
stances  attending  its  original  formation."-  -Wfiartorfs 
Legal  Maxims,  p.  41. 

12th. — When  the  subject  relates  to  things  favorable, 
we  ought  to  give  the  terms  all  the  extent  they  are  capable 
of  in  common  use  ;  and,  if  a  term  has  many  significations, 
the  most  extensive  ought  to  be  preferred. — Vide  Grotius 
on  the  Rights  of  War  and  Peace,  B.  II,  ch.  xvi ;  Pufcn- 
dorf  on  the  Law  of  Nature  and  Nations,  B.  Y,  ch.  xii ; 
ValteTs  Law  of  Nations,  B.  II,  ch.  xvii;  RutlierforW  s 
Institutes  of  Natural  Law,  B.  II,  ch.  vii;  SedgwicTiS 
Treatise,  p.  231 ;  Jac.  Law  Die.,  "Intention";  Ayliffe>s 
Civil  Law,  B.  I,  tit.  x. 


UNITED  STATES  OF  AMERICA.  33 


CHAPTER   III. 


i. 

Definitions. 

IT  seems  that  the  prin<5Tpal  difficulties  which  prevent  a 
satisfactory  settlement  of  popular  disputes  on  the  origin 
and  nature  of  the  Government  of  the  United  States,  grow 
out  of  controversies  concerning  the  true  meanings  of 
certain  words  and  phrases  which  appear  either  in  the 
Declaration  of  American  Independence,  in  the  Articles  of 
Confederation,  or  in  the  acts  and  proceedings  of  the  Con 
vention  that  framed  the  National  Constitution.  These 
difficulties  would,  perhaps,  disappear  if  the  disputants 
would  wisely  agree  to  accept,  from  the  highest  authorities, 
definitions  of  the  real  meanings  of  such  words  and  phrases 
as  "Sovereignty,"  "State,"  "Nation,"  "Sovereign  and 
Independent  State,"  and  "  We,  the  People  of  the  United 
States." 

II. 

Grotius  on  Sovereignty. 

Sovereign  power,  according  to  Grotius,  "is  perfectly 
or  completely  independent  of  other  human  power,  inso 
much  that  its  acts  cannot  be  annulled  by  any  human  will 
3 


34  GOVERNMENT  OF  THE 

other  than  its  own." — Austin's  Province  of  Jurispru 
dence  Determined,  Vol.  I,  p.  189. 


III. 

Blackstone  on  Sovereignty, 

However  governments  began,  "or  by  what  right 
soever  they  subsist,  there  is  and  must  be  in  all  of  them, 
a  supreme,  irresistible,  absolute,  uncontrolled  authority, 
in  which  the  jura  summi  imperil,  or  the  rights  of  sove 
reignty,  reside."—  BlacJcstone" s  Com.  (Sharswood's  ed.), 
Vol.  I,  p.  48. 

IV. 

Bouvier  on  Sovereignty. 

Sovereignty  is  "the  union  and  exercise  of  all  human 
power  possessed  in  a  State ;  it  is  a  combination  of  all 
power ;  it  is  the  power  to  do  every  thing  in  a  State  with 
out  accountability ;  to  make  laws,  to  execute  and  apply 
them  ;  to  impose  and  collect  taxes,  and  to  levy  contribu 
tions  ;  to  make  war  or  peace  ;  to  form  treaties  of  alliance 
or  of  commerce  with  foreign  nations,  and  the  like."— 
Bouvier's  Law  Die.,  Vol.  II,  p.  537. 

V. 

Political  Sovereignty. 

No  form  of  human  government  can  exist  without  the 
controlling  presence  of  that  political  power  which  is 
called  Sovereignty.  "Where  sovereignty  does  not  exist  in 
one  person,  nor  in  a  few  persons,  nor  in  the  mass  of  the 
people,  there  is  no  government.  There  may  be,  in  such  a 
case,  popular  excitement,  contention,  anarchy,  and  war 
fare  ;  but  there  cannot  be  any  form  of  government.  The 


UNITED   STATES   OF  AMERICA.  35 

sovereign  power  of  an  independent  State,  or  nation,  is 
vested  with  an  exclusive  right  to  make,  execute,  and 
change  laws,  and  to  regulate  persons  and  things,  within 
its  own  territory,  according  to  its  own  will. 

VI. 

Story  on  Sovereignty. 

Mr.  Justice  Story,  in  his  Commentaries  on  the  Consti 
tution  of  the  United  States,  says :  "  The  term  <  sovereign ' 
or  c  sovereignty '  is  used  in  different  senses,  which  often 
leads  to  a  confusion  of  ideas,  and  sometimes  to  very  mis 
chievous  and  unfounded  conclusions.  By  '  sovereignty ' 
in  its  largest  sense  is  meant  supreme,  absolute,  uncon 
trollable  power,  the  jus  summi  imperil,  the  absolute 
right  to  govern."— B.  II,  p.  207.  *  *  *  "  Strictly  speak 
ing,  in  our  republican  forms  of  government,  the  absolute 
sovereignty  of  the  nation  is  in  the  people  of  the  nation ; 
and  the  residuary  sovereignty  of  each  State,  not  granted 
to  any  of  its  public  functionaries,  is  in  the  people  of  the 
State."— B.  II,  p.  209. 

VII. 
Views  of  Mr.  Justice  Blair. 

In  1795,  Justice  Blair,  of  the  Supreme  Court  of  the 
United  States,  said:  "It  is  true,  that  instrument"  (the 
Articles  of  Confederation)  "is  worded  in  a  manner,  on 
which  some  stress  is  laid,  that  the  several  States  should 
retain  their  sovereignties,  and  all  powers  not  thereby 
expressly  delegated  to  Congress,  as  if  they  were,  till  the 
ratification  of  that  compact,  in  possession  of  all  the 
powers  thereby  delegated ;  but  it  seems  to  me  that  it 
would  be  going  too  far,  from  a  single  expression,  used 
perhaps  in  a  loose  sense,  to  draw  an  inference  so  contrary 


36  GOVERNMENT  OF  THE 

to  a  known  fact,  to  wit,  that  Congress  was,  with  the 
approbation  of  the  States,  in  possession  of  some  of  the 
powers  therein  mentioned,  which,  yet,  if  the  word  '  retain' 
be  taken  in  so  strict  a  sense,  it  must  be  supposed  they 
never  had."—  Dallas'  Reports,  Vol.  in,  p.  112. 

VIII. 

Nathan  Dane  on  Sovereignty. 

Nathan  Dane,  who  was  a  member  of  Congress  in  1787, 
in  referring  to  the  use  of  the  word  "sovereignty"  in  the 
Articles  of  Confederation,  says:  "The  word  'sovereignty,' 
in  this  case,  is  evidently  used  in  a  subordinate  sense. 
Though  the  words  sovereign  and  sovereignty  are  cer 
tainly  too  convenient,  in  speaking  and  writing,  to  be 
disused,  yet  it  is  clear  that,  in  the  strict  and  accurate 
use  of  words,  they  cannot  be  properly  used  as  a  part  of 
our  constitutional  language  in  a  constitutional  sense ; 
and  this  distinction  is  generally  to  be  regarded." — Dane's 
Ab.  Am.  Law,  Vol.  IX,  Appendix. 

IX. 

Austin  on  Sovereignty. 

Mr.  Austin,  in  the  Province  of  Jurisprudence  Deter 
mined,  Vol.  I,  p.  178,  says:  "The  definition  of  the  ab 
stract  term  independent  political  society,  (including  the 
definition  of  the  correlative  term  sovereignty,)  cannot  be 
rendered  in  expressions  of  perfectly  precise  import,  and 
is  therefore  a  fallible  test  of  specific  or  particular  cases. 
The  least  imperfect  definition  which  the  abstract  term  will 
take,  would  hardly  enable  us  to  fix  the  class  of  every 
possible  society."  *  *  *  "It  would  hardly  enable  us  to 
determine  of  every  political  society,  whether  it  were  inde 
pendent  or  subordinate." 


UNITED  STATES  OF  AMEEICA.  37 

X. 

M.  D'Alembert. 

M.  D'Alembert,  in  an  Analysis  of  Montesquieu?  s 
Spirit  of  Laws,  says:  uWe  may  distinguish  three  sorts 
of  governments — the  republican,  the  monarchic,  the  des 
potic.  In  the  republican,  the  people  in  a  "body  possess 
the  sovereign  power." 

XL 

Views  of  James  Madison  on  Sovereignty. 

In  1835,  James  Madison  said:  "It  is  so  difficult  to 
argue  intelligibly  concerning  the  compound  system  of 
government  in  the  United  States,  without  admitting  the 
divisibility  of  sovereignty,  that  the  idea  of  sovereignty,  as 
divided  between  the  Union  and  the  members  composing 
the  Union,  forces  itself  into  the  view,  and  even  into  the 
language,  of  those  most  strenuously  contending  for  the 
unity  and  indivisibility  of  the  moral  being  created  by  the 
social  compact." — Selections  from  the  Private  Correspon 
dence  of  James  Madison,  p.  374.  In  the  same  volume, 
pp.  412-413,  Mr.  Madison  says:  "Those  who  deny  the 
possibility  of  a  divided  political  system,  with  a  divided 
sovereignty  like  that  of  the  United  States,  must  choose 
between  a  government  purely  consolidated  and  an  asso 
ciation  of  governments  purely  federal." 

XII. 

Opinion  of  Lewis  Cass. 

In  a  speech  delivered  in  the  Senate  of  the  United 
States  on  the  22d  of  January,  1850,  Lewis  Cass  said  : 
"In  the  people  of  the  United  States  resides  the  sove- 


38  GOVERNMENT  OF  THE 

reignty  of  this  country,  and  no  department  of  their 
government  can  claim  that  high  prerogative,  nor  assume 
any  functions  arising  out  of  it  not  to  be  found  in  that 
great  act  of  the  people  which  "brought  them  into  political 
existence." 


UNITED  STATES  OP  AMEBICA.  39 


CHAPTER   IV. 


I. 

Of  Nations  and  States. 

to  the  definition  of  Noah  Webster,  a 
Nation  is  "  a  body  of  people  inhabiting  the  same  country, 
or  united  under  the  same  sovereign  or  government,  as  the 
English  nation,  the  French  nation.  *  *  *  Nation,  as  its 
etymology  imports,  originally  denoted  a  family  or  race  of 
men  descended  from  a  common  progenitor,  like  tribe; 
but,  by  emigration,  conquest,  and  intermixture  of  men  of 
different  families,  this  distinction  is,  in  most  countries, 
lost." 

II. 

Encyclopedia  Britannica. 

The  word  Nation  is  "a  collective  term  used  for  a  con 
siderable  number  of  people  inhabiting  a  certain  extent  of 
land,  confined  within  fixed  limits,  and  under  the  same 
government." — Ency.  Brit.,  Yol.  XY,  p.  737. 

III. 

PMllimore. 

Phillimore  defines  a  State  as  "a  people  permanently 
occupying  a  fixed  territory,  bound  together  by  common 


40  GOVERNMENT  OF  THE 

laws,  habits,  and  customs,  into  one  body  politic,  exercis 
ing,  tlirough  the  medium  of  an  organized  government, 
independent  sovereignty  and  control  over  all  persons  and 
things  within  its  boundaries,  capable  of  making  war  and 
peace,  and  of  entering  into  international  relations  with 
other  communities." — New  Amer.  Cyclopedia,  Vol.  X, 
p.  360. 

IV. 

Judge  Story. 

Judge  Story  says:  "  Whatever  may  be  the  internal 
organization  of  the  government  of  any  State,  if  it  has  the 
sole  power  of  governing  itself,  and  is  not  dependent  on 
any  foreign  State,  it  is  called  a  sovereign  State :  that  is,  it 
is  a  State  having  the  same  rights,  privileges,  and  powers 
as  other  independent  States. 

V. 

Whcaton's  Elementary  International  Law. 

"Every  independent  State  is  entitled  to  the  exclusive 
power  of  legislation  in  respect  to  the  personal  rights,  and 
civil  state  and  condition  of  its  citizens,  and  in  respect  to 
all  real  and  personal  property  situated  within  its  territory, 
whether  belonging  to  citizens  or  aliens." — Wlieaton's  EL 
Int.  Law,  p.  112.  "  Every  nation  possesses  and  exer 
cises  exclusive  sovereignty  and  jurisdiction  throughout 
the  full  extent  of  its  territory."—  Ib.  p.  113. 

VI. 

James  Madison. 

James  Madison  said:  "It  is  indeed  true  that  the 
term  '  States '  is  sometimes  used  in  a  vague  sense,  and 


UNITED   STATES   OF  AMERICA.  41 

sometimes  in  different  senses,  according  to  the  subject 
to  which  it  is  applied.  Thus  it  sometimes  means  the 
separate  sections  of  territory  occupied  by  the  political 
societies  within  each ;  sometimes  the  political  governments 
established  by  these  societies  ;  sometimes  those  societies, 
as  organized  into  those  particular  governments ;  and, 
lastly,  it  means  the  people  composing  those  political 
societies,  in  their  highest  sovereign  capacity." — Report  in 
the  Virginia  Legislature,  in  January,  1800,  cited  in 
Elliot's  Debates,  Vol.  I,  p.  65. 


VII. 

New  American  Cyclopaedia. 

The  New  American  Cyclopcedia  (Vol.  X,  p.  360),  says : 
"The  sovereignty  of  a  State  depends  upon  its  existence 
de  facto  as  a  State  ;  and  until  this  is  recognized  by  other 
nations,  the  State  enjoys  no  share  in  international 
rights." 

YIIL 

Montesquieu. 

Montesquieu  says  :  "  Every  nation  that  governs  itself, 
under  what  form  soever,  without  dependence  on  any 
foreign  power,  is  a  sovereign  State." 


Crabb. 

"A  petty  principality  in  Germany,  and  the  whole 
German  (or  Russian)  Empire  are  alike  termed  States."— 
Cr  abb's  Eng.  Syn.,  p.  190. 


42  GOVERNMENT  OF  THE 

IX. 

The  Declaration  of  American  Independence  mentions 
the  "State"  of  Great  Britain. 


The  State  of  San  Marino,  which  is  known  as  a  Re 
public,  is  one  of  the  States  of  the  Kingdom  of  Italy, 
which  is  a  Nation  and  a  sovereign  independent  State  ;  but 
San  Marino  is  not  a  Nation  ;  nor  was  it,  at  any  period  of 
its  existence,  a  sovereign  and  independent  State. 

XI. 

The  State  of  Tobasco  is  one  of  the  States  of  the  Re 
public  of  Mexico,  which  is  a  sovereign  and  independent 
State ;  but  Tobasco  is  not,  nor  was  it  at  any  time,  a 
sovereign  and  independent  State. 

XII. 
Mr,  Austin. 

In  a  work  entitled  "  TJie  Province  of  Jurisprudence 
Determined,"  the  author,  John  Austin,  says  :  "  A  system 
of  confederated  States,  and  a  number  of  independent 
governments  connected  by  an  ordinary  alliance,  cannot 
be  distinguished  precisely  through  general  or  abstract 
expressions." — Vol.  1,  p.  224. 

XIII. 
Mr.  Pendleton,  of  Virginia. 

When  the  adoption  of  the  Constitution  of  the  United 
States  of  America  was  under  consideration,  in  the  Yir- 


UNITED   STATES   OF  AMEKICA.  43 

ginia  Convention,  on  the  5th  of  June,  1788,  Mr.  Pendle- 
ton,  one  of  the  members  of  the  Convention,  said:  "The 
expression,  '  We,  tlie  People  J  is  thought  improper. 
Permit  me  to  ask  the  gentleman  who  made  this  objection, 
Who  but  the  People  can  delegate  powers  ?  Who  but  the 
People  have  a  right  to  form  government  \  The  expression 
is  a  common  one,  and  a  favorite  one  with  me.  *  *  * 
If  the  objection  be  that  the  Union  ought  to  be  not  of  the 
people,  but  of  the  State  governments,  then  I  think  the 
choice  of  the  former  very  happy  and  proper.  What 
have  the  State  governments  to  do  with  it?57 — Elliot's 
Debates,  Vol.  Ill,  p.  37. 

XIV. 

Mr.  Corbin,  of  Virginia. 

Mr.  Corbin,  in  the  Virginia  Convention,  on  the  seventh 
of  June,  1788,  said:  "The  introductory  expression  of 
'We,  the  People,'  has  been  thought  improper  by  the 
honorable  gentleman.  I  expected  no  such  objection  as 
this.  Ought  not  the  People,  sir,  to  judge  of  that  govern 
ment  whereby  they  are  to  be  ruled?  We  are,  sir,  de 
liberating  on  a  question  of  great  consequence  to  the 
people  of  America,  and  to  the  world  in  general." — Debates 
in  the  Convention  of  Virginia,  1788,  p.  83. 

XV. 

Mr.  Wilson,  of  Pennsylvania. 

In  1788,  when  the  adoption  of  the  Constitution  of  the 
United  States  was  under  consideration  in  the  Pennsyl 
vania  Convention,  Mr.  Wilson,  a  member  of  that  body, 
said:  "I  had  occasion  to  describe  what  I  meant  by  a 
Democracy,  and  I  think  I  termed  it,  that  government  in 
which  the  People  retain  the  supreme  power,  and  exercise 


44  GOVERNMENT  OF  THE 

it  either  collectively  or  by  representation.  This  Consti 
tution  declares  this  principle  in  its  terms  and  in  its  conse 
quences,  which  is  evident  from  the  manner  in  which  it  is 
announced,  i  We,  the  People  of  the  United  States.'  After 
all  the  examination  which  I  am  able  to  give  the  subject, 
I  view  this  as  the  only  sufficient  and  most  honorable 
basis,  both  for  the  People  and  the  Government,  on  which 
our  Constitution  can  possibly  rest.  What  are  all  the 
contrivances  of  States,  Kingdoms,  and  Empires  ?  What 
are  they  all  intended  for  ?  They  are  all  intended  for 
man.  *  *  *  I  am  astonished  to  hear  the  ill-founded 
doctrine  that  States  alone  ought  to  be  represented  in 
the  Federal  Government :  these  must  possess  sovereign 
authority,  forsooth,  and  the  people  be  forgot.  No.  Let 
us  re-ascend  to  first  principles." — EllioV  s  Debates ',  Vol. 
II,  p.  478. 

XVI. 

James  Madison. 

James  Madison,  of  Virginia,  said:  "The  question 
whether  'We,  the  People,'  means  the  people  in  their 
aggregate  capacity,  acting  by  a  numerical  majority  of  the 
whole,  or  by  a  majority  in  each  of  all  the  States,  the 
authority  being  equally  valid  and  binding,  the  question 
is  interesting  but  as  an  historical  fact  of  speculative 
curiosity."  —  Writings  of  James  Madison,  Vol.  IV, 
p.  423. 

XVII. 
Mr.  Nicholas,  of  Virginia. 

In  the  Virginia  Convention,  June  6,  1788,  Mr.  Nicho 
las  said  :  "The  Confederation  being  found  utterly  defec 
tive,  will  he  deny  our  right  to  alter  or  abolish  it  1  But 
he  objects  to  the  expression,  "We,  the  People,'  and 


yft 

UNITED  STATES  OF  AMEEICA.  40 

demands  the  reason  why  they  had  not  said  'We,  the 
United  States  of  America  ? '  In  my  opinion  the  expres 
sion  is  highly  proper — it  is  submitted  to  the  people, 
because  on  them  it  is  to  operate — till  adopted,  it  is  but 
a  dead  letter,  and  not  binding  on  any  one — when  adopted, 
it  becomes  binding  on  the  people  who  adopt  it.  It  is 
proper  on  another  account.  We  are  under  great  obli 
gations  to  the  Federal  Convention  for  recurring  to  the 
people,  the  source  of  all  power." — Debates  of  the  Con 
vention  of  Virginia,  1788,  p.  79. 

XVIIL 

Mr.  Bayard. 

Bayard's  Brief  Exposition  of  the  Constitution  of 
the  United  States  (p.  42),  says:  "The  origin  of  the 
General  Government,  the  source  of  all  its  power,  was  a 
matter  too  important  to  be  left  in  doubt,  and  it  is  there 
fore  declared  to  be  ordained  and  established  by  'the 
People  of  the  United  States.' " 


46  GOVERNMENT  OF  HIE 


CHAPTER   V. 


Virginia  House  of  Burgesses  in  1774. 

In  1774,  when  the  people  of  the  colony  of  Massachu 
setts  were  protesting  against  the  arbitrary  colonial  policy 
of  the  British  Government,  the  Virginia  House  of  Bur 
gesses  passed  some  resolutions  in  which  they  implored 
the  Divine  power  "  to  give  them  one  heart  and  one  mind, 
firmly  to  oppose,  by  all  just  and  proper  means,  every 
injury  to  American  rights."  On  the  publication  of  these 
resolutions,  the  royal  governor  of  Virginia,  John  Murray, 
Earl  of  Dunmore,  dissolved  the  House  of  Burgesses  ;  but 
before  the  separation  of  the  members,  eighty-nine  of  them 
formed  an  Association,  and  signed  an  agreement,  in  which 
they  declared  "  that  an  attack  made  on  one  of  our  sister 
colonies"  (alluding  to  Massachusetts)  "to  compel  sub 
mission  to  arbitrary  taxes,  is  an  attack  made  on  all 
British  America,  and  threatens  ruin  to  the  rights  of  all, 
imless  the  united  wisdom  of  the  whole  be  applied."— 
Jefferson's  Comp.  Works,  Vol.  I,  pp.  7-123. 

II. 

General  Congress  Proposed  ~by  Virginia. 

The  Association,  thus  formed  in  Virginia,  instructed  its 
Committee  of  Correspondence  to  propose  to  the  Corres- 


UNITED   STATES   OF  AMEKICA.  47 

pondence  Committees  of  the  other  British.  Colonies  in 
America,  to  appoint  deputies  to  meet  annually  in  a 
general  Congress,  in  such  place  as  should  be  convenient, 
to  direct,  from  time  to  time,  the  measures  required  "by  the 
general  interest. — Jefferson's  Comp.  Works,  Vol.  I,  p. 
123. 

III. 

Massachusetts. 

The  proposal  to  organize  a  general  Congress  having 
Ibeen  made,  about  the  same  time,  by  the  Massachusetts 
House  of  Representatives,  was  favored  by  nearly  all  of 
the  colonial  committees ;  and  it  was  agreed  that  the  first 
Congress  should  meet  at  the  city  of  Philadelphia,  on  the 
fifth  day  of  September,  1774.— Holmes1  Annals,  Vol.  II, 
p.  187. 

IV. 

Meeting  of  Continental  Congress. 

On  that  day  the  Continental  Congress  met  at  Carpen 
ters'  Hall,  in  Philadelphia,  to  deliberate  upon  the  "  state 
of  British  America,"  and  to  take  measures  "  to  effect  the 
purpose  of  describing  with  certainty  the  rights  of  Ameri 
cans,  repairing  the  breach  made  in  those  rights,  and 
guarding  for  the  future  from  any  such  violations  done 
under  the  sanction  of  public  authority." — Newburn, 
N.  <?.,  Resolutions.— Journals  of  Congress,  September  14, 
1774. 

V. 

Object  of  the  Revolutionary  Movement  in  1774. 

The  object  of  the  revolutionary  movement  in  1774  was, 
according  to  the  declarations  of  Congress,  designed,  by 


48  GOVERNMENT  OF  THE 

uthe  united  efforts  of  North  America,"  to  adopt  mea 
sures  "  for  the  preservation  of  the  liberties  of  America." 
— Jours,  of  Cong. 

VI. 

Congress  in  1774. 

On  the  6th  of  September,  1774,  Congress  resolved 
"That,  in  determining  questions  in  this  Congress,  each 
Colony  or  Province  shall  have  one  vote — The  Congress 
not  being  possessed  of,  or  at  present  able  to  procure, 
proper  materials  for  ascertaining  the  importance  of  each 
Colony." — Jours,  of  Cong. 

VII. 
Association  formed  in  1774. 

In  Congress,  October  20,  1774,  an  "Association"  was 
formed  and  signed  by  fifty -three  Delegates  "of  the  several 
colonies  of  New  Hampshire,  Massachusetts-Bay,  Rhode 
Island,  Connecticut,  New  York,  New  Jersey,  Pennsyl 
vania,  the  three  lower  counties  of  New-Castle,  Kent  and 
Sussex,  on  Delaware,  Maryland,  Virginia,  North  Carolina 
and  South  Carolina,  deputed  to  represent  them  in  a  Con 
tinental  Congress."  The  object  of  the  "Association"  was 
to  obtain  redress  of  grievances  which  threatened  "des 
truction  to  the  lives,  liberty,  and  property  of  his  [Brit 
annic]  majesty's  subjects  in  North  America." — Journals 
of  Congress. 

VIII. 

Resolution  adopted  ~by  Officers  of  Dunmore^s  Expedi 
tion  in  1774. 

On  the  5th  of  November,  1774,  the  officers  of  an  expe 
dition  that  marched,  under  the  command  of  Governor 
Dunmore,  of  Virginia,  against  the  Indian  tribes  of  the 


UNITED  STATES  OF  AMERICA.  49 

northwest,  held  a  public  meeting,  at  the  mouth  of  the 
Hockhocking  river,  on  the  northwestern  side  of  the  River 
Ohio,  and  passed  resolutions,  from  which  the  follow 
ing  is  an  extract :— "  As  the  love  of  liberty,  and  attach 
ments  to  the  real  interests  and  just  rights  of  America, 
outweigh  every  other  consideration,  we  resolve  that  we 
will  exert  every  power  within  us  for  the  defense  of  Ameri 
can  liberty,  and  for  the  supporting  of  her  just  rights  and 
privileges ;  not  in  any  precipitate,  riotous,  and  tumul 
tuous  manner,  but  when  regularly  called  forth  by  the 
unanimous  voice  of  our  countrymen." — Amer.  Archives, 
4£h  Series,  Vol.  I,  p.  962. 

IX. 

Resolution  of  Inhabitants  of  Westmoreland  Co.,  Penn 
sylvania,  in  1775. 

At  a  general  meeting  of  the  inhabitants  of  the  county 
of  Westmoreland,  Pennsylvania,  held  at  Hanna's  Town, 
on  the  16th  of  May,  1775,  an  Association  was  formed,  by 
which,  among  other  resolves,  the  inhabitants  declared  as 
follows :  "  We  will  coincide  in  any  plan  that  may  be 
formed  for  the  defense  of  America  in  general,  or  Pennsyl 
vania  in  particular." — Amer.  Archives,  Yol.  !!„  p.  616. 

X. 

Meckleriburgh,  N.  C.,  Declaration  of  Independence,  in 

1775. 

On  the  20th  of  May,  1775,  at  a  large  meeting  of  citizens 
of  Mecklenburgh  County,  North  Carolina,  several  resolu 
tions  were  adopted,  among  which  the  most  memorable 
are — 

1st.— "  Resolved,  That  we,  the  citizens  of  Mecklen 
burgh  County,  do  hereby  dissolve  the  political  bands 
which  have  connected  us  to  the  Mother  Country,  and 
4 


50  GOVERNMENT  OF  THE 

hereby  absolve  ourselves  from  all  allegiance  to  the  British 
crown,  and  abjure  all  political  connection,  contract,  or 
association  with  that  nation,  who  have  wantonly  trampled 
on  our  rights  and  liberties,  and  inhumanly  shed  the  inno 
cent  blood  of  American  patriots  at  Lexington." 

2d. — "  Resolved,  That  we  do  hereby  declare  ourselves 
a  free  and  independent  people  ;  are,  and  of  right  ought  to 
be,  a  sovereign  and  self-governing  Association,  under  the 
control  of  no  other  power  than  that  of  God,  and  the 
general  government  of  the  Congress  ;  to  the  maintenance 
of  which  independence  we  solemnly  pledge  to  each  other 
our  mutual  co-operation,  our  lives,  our  fortunes,  and  our 
most  sacred  honor." — Amer.  Archives,  Vol.  II,  p.  857. — 
4th  Series. 

XL 

George  Washington. 

On  the  17th  of  June,  1775,  George  Washington  was 
appointed,  by  Congress,  ''General  and  Commander-in- 
Chief  of  the  Army  of  the  United  Colonies,"  and  of  all 
forces  raised  "for  the  defense  of  American  liberty." — 
Journals  of  Congress. 

XII. 
Congress  of  1775. 

On  the  24th  of  June,  1775,  Congress  "  resolved  that  a 
committee  of  seven  be  appointed  to  devise  ways  and 
means  to  put  the  Militia  of  America  in  a  proper  state  for 
the  defense  of  America." — Journals  of  Congress. 

XIII. 
Congress  of  1775. 

On  the  6th  of  July,  1775,  the  Congress  of  "the  United 
Colonies  of  America"  published  a  declaration,  in  which 


UNITED  STATES  OF  AMEEICA.  51 

they  said:  "Our  cause  is  just.  Our  union  is  perfect. 
Our  internal  resources  are  great ;  and,  if  necessary,  foreign 
assistance  is  undoubtedly  attainable."  *  *  *  "We 
exhibit  to  mankind  the  remarkable  example  of  a  people 
attacked  by  unprovoked  enemies." — Journals  of  Con 
gress. 

XIV. 

Address  to  the  People  of  Ireland  in  1775. 

In  an  Address  to  the  people  of  Ireland,  which  was 
prepared  and  adopted  by  the  Continental  Congress  on  the 
28th  of  July,  1775,  the  following  passage  appears  : 
"Blessed  with  an  indissoluble  Union,  with  a  variety  of 
internal  resources,  and  with  a  firm  reliance  on  the  justice 
of  the  Supreme  Disposer  of  all  human  events,  we  have 
no  doubt  of  rising  superior  to  all  the  machinations  of  evil 
and  abandoned  ministers.  We  already  anticipate  the 
golden  period,  when  liberty,  with  all  the  gentle  arts  of 
peace  and  humanity,  shall  establish  mild  dominion  in 
this  western  world,  and  erect  eternal  monuments  to  the 
memory  of  those  virtuous  patriots  and  martyrs  who  shall 
have  fought,  and  bled,  and  suffered  in  her  cause."— 
Journals  of  Congress. 


XV. 
Congress  in  1775. 

In  Congress,  December  4, 1775,  it  was  "  Resolved  that, 
in  the  present  situation  of  affairs,  it  will  be  very  danger 
ous  to  the  liberties  and  welfare  of  America,  if  any  colony 
should  separately  petition  the  King  or  either  house  of 
Parliament."— Journals  of  Congress. 


52  GOVERNMENT  OF  THE 

XVI. 
Congress  in  1775 

On  the  6th  of  December,  1775,  Congress  prepared  and 
agreed  to  a  Proclamation,  in  which  the  following  passage 
appears :  "We,  therefore,  in  the  name  of  the  People  of 
these  United  Colonies,  and  "by  authority,  according  to  the 
purest  maxims  of  representations  derived  from  them,  de 
clare,  that  whatever  punishment  shall  be  inflicted  upon 
any  person  in  the  power  of  our  enemies,  for  favoring, 
aiding,  or  abetting  the  cause  of  American  liberty,  shall 
be  retaliated  in  the  same  kind  and  in  the  same  degree, 
upon  those  in  our  power,  who  have  favored,  aided,  or 
abetted,  or  shall  favor,  aid,  or  abet,  the  system  of  minis 
terial  oppression." — Journals  of  Congress. 

XVII. 
Congress  in  1775. 

In  Congress,  December  29,  1775,  it  was  "Resolved, 
That  the  Colonies  of  Virginia,  Maryland,  and  North 
Carolina,  be  permitted  to  export  produce  from  their  re 
spective  colonies  to  any  part  of  the  world,  except  Great 
Britain,  Ireland,  the  islands  of  Jersey,  Guernsey,  Sark, 
Alderney  and  Man,  and  the  British  West  India  Islands  ; 
and  in  turn  to  import  so  much  salt  from  any  part  of  the 
world,  not  prohibited  by  the  Association,  as  the  conven 
tions  or  councils  of  safety  of  the  two  former  colonies,  and 
the  provincial  council  of  the  other,  shall  judge  necessary 
for  the  use  of  the  inhabitants  thereof,  now  suffering  great 
distress  by  the  scarcity  of  that  necessary  article,  proper 
caution  being  taken  to  prevent  any  abuse  of  this  indul 
gence,  by  exceeding  in  the  quantities  exported  or  im 
ported,  and  that  no  provisions,  slaves,  or  naval  stores  be 
exported,  if  other  commodities  may  answer  the  purpose." 
— Journals  of  Congress. 


UNITED  STATES  OF  AMERICA.  53 

XVIH. 

Pennsylvania  Journal  in  1775. 

The  writer  of  an  article  published  in  the  Pennsylva 
nia  Journal,  of  April  24,  1775,  said :  "Can  this  Conti 
nent  be  happy  under  the  government  of  Great  Britain,  or 
not  ?  Secondly,  Can  she  be  happy  under  a  government 
of  our  own  ?  *  *  *  The  answer  to  the  second  question- 
can  America  be  happy  under  a  government  of  her  own, 
is  shorf  and  simple,  viz. :  As  happy  as  she  pleases ;  she 
has  a  blank  sheet  to  write  upon.  Put  it  not  off  too  long." 

XIX. 
Sermon  in  1775. 

On  the  23d  of  June,  1775,  at  the  "  request  of  the  officers 
of  the  Third  Battalion  of  the  City  of  Philadelphia  and  dis 
trict  of  Southwark,"  a  sermon  was  preached  in  Christ 
Church,  by  William  Smith,  D.D.,  who  said :  "  As  we  know 
that  our  civil  and  religious  rights  are  linked  together  in  one 
indissoluble  bond,  we  neither  have,  nor  seek  to  have,  any 
interest  separate  from  that  of  our  country,  nor  can  we 
advise  a  desertion  of  its  cause.  Religion  and  liberty 
must  flourish  or  fall  together  in  America.  We  pray  that 
both  may  be  perpetual." — Principles  and  Acts  of  the 
Revolution,  p.  220. 

XX. 

Boston  Gazette,  1775. 

In  1775,  the  author  of  a  "History  of  the  Dispute  with 
America,  from  its  origin  in  1754"  (published  in  the 
Boston  Gazette),  said  :  "  The  grand  aphorism  of  the  policy 
of  the  Whigs  has  been  to  unite  the  people  of  America, 
and  divide  those  of  Great  Britain.  The  reverse  of  this  has 


54  GOVERNMENT  OF  THE 

been  the  maxim  of  the  Tories,  viz.  :  to  unite  the  people  of 
Great  Britain,  and  divide  those  of  America.  All  the 
movements,  marches,  and  counter-marches  of  both  parties, 
on  both  sides  of  the  Atlantic,  may  be  reduced  to  one  or 
the  other  of  these  rules.  I  have  shown  that  the  people 
of  America  are  united  more  perfectly  than  the  most 
sanguine  Whig  could  ever  have  hoped,  or  than  the  most 
timid  Tory  could  have  feared." — Remembrancer,  for  1775, 
published  in  London,  Vol.  I,  p.  13. 

XXI. 

Provincial  Congress,  at  Watertown,  Mass.,  in  1775. 

It  seems  that,  in  1775,  the  idea  of  American  Inde 
pendence  was  not  in  the  minds  of  many  of  the  people 
of  the  United  Colonies.  In  the  Provincial  Congress, 
at  Watertown,  Massachusetts,  on  the  26th  of  April, 
1775,  an  "Address  to  the  inhabitants  of  Great  Britain " 
was  adopted.  It  contained  the  following  passage : 
"They"  [the  British  Ministry]  "have  not  yet  detached 
us  from  our  Royal  Sovereign ;  we  profess  to  be  his 
loyal  and  dutiful  subjects ;  and,  so  hardly  dealt  with 
as  we  have  been,  are  still  ready,  with  our  lives  and 
fortunes,  to  defend  his  person,  family,  crown,  and  dig 
nity  ;  nevertheless,  to  the  persecution  and  tyranny  of  his 
cruel  Ministry,  we  will  not  tamely  submit." — Remem 
brancer,  Vol.  I,  p.  71. 

XXII. 

Thomas  Jefferson,  in  1775. 

In  a  letter  dated  "Monticello,  August  25,  1775," 
Thomas  Jefferson  said,  he  "would  rather  be  in  depen 
dence  on  Great  Britain,  properly  limited,  than  on  any 
other  nation  upon  the  earth,  or  than  on  no  nation.  But," 
he  continued,  "lam  one  of  those  too,  who,  rather  than 


UNITED  STATES   OF  AMERICA.  55 

submit  to  the  rights  of  legislating  for  us,  assumed  by  the 
British  Parliament,  and  which  late  experience  has  shown 
they  will  so  cruelly  exercise,  would  lend  my  hand  to  sink 
the  whole  island  in  the  ocean." — Jefferson^  s  Complete 
WorJcs,  Yol.  I,  p.  201. 

XXIII. 

James   Wilson,   of  Pennsylvania,   on  the  Declaration 
of  Independence. 

James  Wilson,  in  a  letter  addressed  "to  the  citizens 
of  Pennsylvania,"  said:  "When  the  measure"  [the 
Declaration  of  American  Independence]  "began  to  be  an 
object  of  contemplation  in  Congress,  the  Delegates  of 
Pennsylvania  were  expressly  restricted  from  consenting 
to  it.  My  uniform  language  in  Congress  was,  that  I 
never  would  vote  for  it,  contrary  to  my  instructions.  I 
went  further,  and  declared  that  I  never  would  vote  for  it, 
without  your  authority."  ~*  *  *  "  When  your  authority 
was  communicated  by  the  conference  of  Committees  from 
the  several  counties  of  the  State,  I  then  stood  upon  very 
different  grounds :  I  declared  so  in  Congress.  I  spoke 
and  voted  for  the  measure."  *  *  *  "  Some  who  would 
not  accede  to  the  Declaration  of  Independence  when  it 
was  made,  have  ever  since  shone  in  the  number  of  its 
most  determined  and  most  illustrious  supporters." — 
Pennsylvania  Journal,  Oct.  18,  1780. 

XXIV. 

Examination  of  Joseph  Galloway,  in  1779. 

Extracts  from  "The  Examination  of  Joseph  Galloway, 
Esq.,  late  Speaker  of  the  House  of  Assembly  of  Pennsyl 
vania,  before  the  House  of  Commons,  in  a  Committee  on 
the  American  Papers" — Mr.  Montagu  in  the  chair — 
June  16,  1779 : 


56  GOVERNMENT  OF  THE 

"  Question. — How  long  have  you  lived  in  America  ? 

Answer. — I  have  lived  in  America  from  my  nativity 
to  the  month  of  October  last,  about  forty- 
eight  years.  *  *  * 

Question. — At  the  beginning  of  the  present  rebellion, 
when  the  inhabitants  took  up  arms,  had 
the  people,  in  general,  independence  in 
view  ? 

Answer. — I  do  not  believe,  from  the  best  knowledge  I 
have  of  the  state  of  America  at  that  time, 
that  one-fifth  of  the  people  had  inde 
pendence  in  view.  *  *  * 

Question. — That  part  of  the  rebel  army  that  enlisted 
in  the  service  of  the  Congress,  were  they 
chiefly  composed  of  the  natives  of 
America,  or  were  the  greatest  part  of 
them  English,  Scotch  and  Irish  ? 

Answer. — The  names  and  places  of  their  nativity  being 
taken  down,  I  can  answer  the  question 
with  precision.  There  were  scarcely 
one-fourth  natives  of  America — about 
one-half  Irish — the  other  fourth  were 
English  and  Scotch." 

XXV. 

Germans  in  1775. 

A  letter  dated  "  Philadelphia,  June  20,  1775,"  says: 
"  It  is  amazing  to  see  the  spirit  of  the  Germans  among  us. 
Thousands  of  them  have  served  as  soldiers  in  their  own 
country.  They  speak  with  infinite  pleasure  of  sacrificing 
their  lives  and  property  for  the  preservation  of  liberty, 
which  they  know  full  well  how  to  value  from  its  depri 
vation  by  despotic  princes."—  London  "Remembrancer" 
for  1775,  p.  144. 


UNITED   STATES   OF  AMEEICA.  57 


CHAPTER   VI. 


L 

Congress  of  1776. 

On  the  15th  of  May,  1776,  the  Continental  Congress 
adopted  a  Preamble,  which  contains  the  following  pas 
sage:  "  And,  whereas,  it  appears  absolutely  irreconcile- 
able  to  good  reason  and  conscience,  for  the  people  of 
these  Colonies  now  to  take  the  oaths  and  affirmations 
necessary  for  the  support  of  any  government  under  the 
crown  of  Great  Britain,  and  it  is  necessary  that  the  exer 
cise  of  every  kind  of  authority  under  the  said  crown 
should  be  totally  suppressed,  and  all  the  powers  of 
government  exerted,  under  the  authority  of  the  people 
of  the  Colonies,  for  the  preservation  of  internal  peace, 
virtue,  and  good  order,  as  well  as  for  the  defense  of  their 
lives,  liberties,  and  properties,  against  the  hostile  in 
vasions  and  cruel  depredations  of  tUeir  enemies,  There 
fore— 

"  Kesolved,  That  it  be  recommended  to  the  respective 
assemblies  and  conventions  of  the  United  Colonies,  where 
no  government  sufficient  to  the  exigencies  of  their  affairs 
hath  been  hitherto  established,  to  adopt  such  government 
as  shall,  in  the  opinion  of  the  representatives  of  the  people, 


58  GOVEKXMENT  OF  THE 

best  conduce  to  the  happiness  and  safety  of  their  consti 
tuents,  in  particular,  and  America  in  general." — Journals 
of  Congress. 

II. 

Delegates  in  Congress  from  Virginia  instructed  to  pro 
pose  Declaration  of  Independence. 

On  the  loth  of  May,  177C,  the  members  of  the  Vir 
ginia  Convention  instructed  the  Delegates  in  Congress 
from  Virginia  uto  propose  to  that  respectable  body  to 
declare  the  United  Colonies  free  and  independent  States, 
absolved  from  all  allegiance  to  or  dependence  upon  the 
Crown  or  Parliament  of  Great  Britain."  The  Virginia 
Delegates  in  Congress  were  also  instructed  to  favor  a 
confederation  of  the  Colonies,  u  provided  that  the  power 
of  forming  government  for,  and  the  regulation  of  the  in 
ternal  concerns  of  each  Colony,  be  left  to  the  respective 
Colonial  legislatures." — Jefferson's  Complete  Works,  Vol. 
I,  p.  12.—  Diary  of  the  Amer.  fiev.,  Vol.  I,  p.  242. 

III. 

Virginia  Bill  of  Rights,  1776. 

On  the  12th  of  June,  177G,  nearly  one  month  before 
the  Declaration  of  American  Independence  was  pro 
claimed  by  the  Continental  Congress,  the  representatives 
of  the  people  of  Virginia,  in  Convention  assembled, 
passed  a  Bill  of  Rights,  in  which  the  following  declara 
tions  appear : — 

1st— "That  all  men  are  by  nature  equally  free  and 
independent,  and  have  certain  inherent  rights,  of  which, 
when  they  enter  into  a  state  of  society,  they  cannot,  by 
compact,  deprive  or  divest  their  posterity  ;  namely,  the 
enjoyment  of  life  and  liberty,  with  the  means  of  acquiring 


UNITED   STATES   OF  AMERICA.  59 

and  possessing  property,  and  pursuing  and  obtaining 
happiness  and  safety." 

3d. — "That  all  power  is  vested  in,  and  consequently 
derived  from,  the  people." 

3d. — "That  government  is,  or  ought  to  Ibe,  instituted 
for  the  common  benefit,  protection,  and  security  of  the 
people,  nation,  or  community."— Code  of  Va.,  1849, 
p.  32. 

IV. 

Declaration  of  Independence,  1776. 

On  the  4th  of  July,  1776,  in  the  Continental  Congress, 
the  representatives  of  the  United  States  of  America,  "in 
the  name  and  "by  the  authority  of  the  good  people  of  these 
Colonies,"  proclaimed  the  independence  of  the  United 
States  of  America.  The  first  paragraph  of  the  Declara 
tion  of  Independence  contains  an  intimation  of  the  unity 
and  nationality  of  the  people  in  "behalf  of  whom  the 
Declaration  was  made — viz. :  "When,  in  the  course  of 
human  events,  it  becomes  necessary  for  one  people  to 
dissolve  the  political  bands  which  have  connected  them 
with  another,  and  to  assume,  among  the  powers  of  the 
earth,  the  separate  and  equal  station  *  to  which  the  laws 
of  nature  and  of  nature's  God  entitle  them,  a  decent 
respect  to  the  opinions  of  mankind  requires  that  they 
should  declare  the  causes  which  impel  them  to  the  sepa 
ration." 

V. 

Congress  of  1776. 

On  the  4th  of  July,  1776,  after  the  Declaration  of  In 
dependence  was  engrossed  and  signed,  Congress  resolved 

*  Not  stations. 


CO  GOVERNMENT  OF  TIIE 

.that  the  Declaration  "be  proclaimed  in  each  of  the 
United  States,  and  at  the  head  of  the  Army." — Journals 
of  Congress. 

VI. 

New  TorJc  Convention  in  1776. 

In  Convention  of  the  Eepresentatives  of  the  State  of 
New  York,  at  White  Plains,  July  9,  1776,  it  was  "Ite- 
solved  unanimously,  That  the  Delegates  of  this  State,  in 
the  Continental  Congress,  "be,  and  they  are  hereby,  autho 
rized  to  concert  and  adopt  all  such  measures  as  they  may 
deem  conducive  to  the  happiness  and  welfare  of  the 
United  States  of  America." — Journals  of  Cony.,  Vol.  I, 
p.  410. 

VII. 

Congress  of  1776. 

In  Congress,  July  9,  1776,  it  was  resolved,  "That  the 
Delegates  of  Virginia  be  empowered  to  write  to  the  several 
County  Committees  in  that  State  where  they  think  it  most 
proper  and  probable  for  the  men  to  be  raised,  requesting 
the  said  Committees  to  recommend  officers  for  the  appoint 
ment  of  Congress,  to  fill  up  Colonel  Stevenson's  regiment; 
the  officers  so  recommended  to  have  power  immediately 
to  enlist  their  men,  and  commissions  to  be  sent  to  them  as 
soon  as  possible."  *  *  *  — Journals  of  Cong. 

VIII. 
Congress  of  1776. 

In  Congress,  on  the  llth  of  July,  1776,  it  was  resolved 
that  "Congress  will  observe  the  same  rule  of  conduct 
towards  New  Jersey  as  towards  other  Colonies." — Jour 
nals  of  Congress. 


UNITED  STATES  OF  AMEEICA.  61 

IX. 

Congress  of  1776. 

In  Congress,  July  11,  1776,  it  was  resolved,  "that  it 
"be  notified  to  the  Convention  of  Virginia,  that  the  Con 
gress  are  willing  to  take  into  Continental  possession,  the 
forts  at  the  mouths  of  Wheeling  and  the  great  Kanhaway, 
and  the  fort  at  Pittsburg,  now  in  possession  of  that 
Colony,  and  also  to  receive  on  the  Continental  Establish 
ment,  the  garrisons  in  these  forts,  if  the  said  Convention 
shall  desire  it." — Journals  of  Congress. 

X. 

Congress  of  1776. 

In  Congress,  on  the  19th  of  July,  1776,  it  was  resolved 
that  a  copy  of  certain  circular  letters,  and  a  declaration 
from  Lord  Howe,  "be  published  in  the  several  gazettes, 
that  the  good  people  of  these  United  States  may  be  in 
formed  of  what  nature  are  the  commissioners,  and  what 
the  terms,  with  expectation  of  which,  the  insidious  Court 
of  Great  Britain  has  endeavored  to  amuse  and  disarm 
them,  and  that  the  few,  who  still  remain  suspended  by  a 
hope  founded  either  in  the  justice  or  moderation  of  their 
late  king,  may  now,  at  length,  be  convinced,  that  the 
valor  alone  of  their  country  is  to  save  its  liberties." — 
Journals  of  Congress. 

XI. 

John  Hancock,  President  of  Congress,  1776. 

In  a  letter  signed  by  John  Hancock,  President  of 
Congress,  dated  Philadelphia,  September  24,  1776,  and 
addressed  to  the  assemblies  of  the  several  States,  the 


62  GOVERNMENT  OF  THE 

following  passage  appears  :  "  If  we  do  "but  remain  firm, 
if  we  are  not  dismayed  at  the  little  shocks  of  fortune,  and 
are  determined  at  all  hazards  that  we  will  be  free,  I  am 
persuaded,  under  the  gracious  smiles  of  Providence, 
assisted  by  our  own  most  strenuous  endeavors,  we  shall 
finally  succeed  agreeably  to  our  wishes,  and  thereby 
establish  the  independence,  the  happiness,  and  the  glory 
of  the  United  States  of  America." — American  Archives, 
fifth  series,  Vol.  II,  p.  490. 


XII. 
Congress  of  1776. 

In  Congress,  September  16,  1776,  it  was  resolved, 
"That  88  Battalions  be  enlisted  as  soon  as  possible,  to 
serve  during  the  present  war,  and  that  each  State  furnish 
their  respective  quotas  in  the  following  proportions,  viz.  : 

Battalions.  Battalions. 

New  Hampshire,           -    3  Delaware,    -    -    -    -    1 

Massachusetts,  -    -    -     15  Maryland,      -    -    -       8 

Rhode  Island,      -    -    -    2  Virginia,      -    -    -    -  15 

Connecticut,       -    -    -       8  North  Carolina,       -       9 

New  York,                         4  South  Carolina,              6 

New  Jersey  -    -    -    -       4  Georgia,     -    -    -           1 
Pennsylvania,      -    -     -12 

American  Archives,  fifth  series,  Vol.  II,  p.  1341. 


XIII. 
Population  of  the  Union  in  1775. 

The  population  of  the  United  American  Colonies  in 
1775,  was  estimated,  by  members  of  the  Continental  Con 
gress,  as  follows : 


UNITED   STATES   OF  AMERICA.  63 

Inhabitants. 

New  Hampshire,     -  -    100,000 

Massachusetts,   -  150,000 

Rhode  Island,  -      58,000 

Connecticut,  200, 000 

New  York,       -  -    200,000 

New  Jersey,  130,000 

Pennsylvania,  -    300,000 

Delaware,     -  30,000 

Maryland,  -    250,000 

Virginia,     -  400,000 

North  Carolina,  -    200,000 

South  Carolina,  200,000 

Georgia,  -      30,000 

"Gfeorgia,"  says  Mr.  Jefferson,  "had  not  joined  the 
revolutionary  Colonies  when  the  estimate  was  made  ;  but 
the  population  of  that  Colony,  in  1776,  was  about  30,000. 
This  estimate  of  the  population  of  the  United  American 
Colonies  amounted  aggregately  to  two  millions  four 
hundred  and  forty-eight  thousand  persons  of  every 
condition."  *— Jefferson' s  Complete  Works,  Yol.  IX, 
pp.  272,  273. 

XIV. 

Instructions  to  Commissioners  in  1776. 

On  the  23d  of  October,  1776,  Benjamin  Franklin,  Silas 
Deane,  and  Arthur  Lee,  were  appointed  Commissioners 
to  negotiate  a  treaty  between  France  and  the  United 
States.  The  commission  which  was  issued  to  these  nego 
tiators,  by  Congress,  contains  the  following  passage  :  "  A 
trade  upon  equal  terms,  between  the  subjects  of  his  most 
Christian  majesty  the  King  of  France  and  the  people  of 
these  States,  will  be  beneficial  to  both  Nations." 

*  According  to  another  estimate,  the  population,  in  July,  1775,  amounted 
to  3,000,000.—  Vide  Spark's  Dip.  Cor.  of  Rev.,  Vol.  VI,  p.  235. 


64  GOVERNMENT  OF  THE 

XV.  , 

Congress  of  1776. 

In  Congress,  September  9,  1776,  it  was  "  Resolved, 
that  in  all  Continental  Commissions,  and  other  instru 
ments,  where,  heretofore,  the  words  'United  Colonies' 
have  been  used,  the  style  be  altered,  for  the  future,  to  the 
'United  States.'  " — Journals  of  Congress. 

XVI. 

Pennsylvania  Evening  Post  of  1776. 

An  article  published  in  the  Universal  Intelligencer 
and  Pennsylvania  Evening  Post,  of  October  8,  1776, 
said:  "  Let  us  remember  that  America  is  free  and  inde 
pendent  ;  that  she  is,  and  will  be,  with  the  blessing  of 
the  Almighty,  great  among  the  Nations  of  the  earth." — 
Diary  of  Amer.  Rev.,  Vol.  I,  p.  284. 

XVII. 

Congress  of  1776. 

An  Address  of  Congress  to  the  People,  adopted  at 
Philadelphia,  December  10,  1776,  says:  "It  is  well 
known  to  you,  that  at  the  universal  desire  of  the  people, 
and  with  the  hearty  approbation  of  every  province,  the 
Congress  declared  the  United  States  free  and  independent, 
—a  measure  not  only  just,  but  which  had  become  abso 
lutely  necessary."—  Amer.  Archives,  fifth  series,  Vol.  Ill, 
p.  1150. 


UNITED   STATES  OF  AMERICA.  65 


CHAPTER   VII. 


Committee  appointed  to  prepare  Form  o  Confederation. 


the  12th  of  June,  1776,  the  Continental  Congress 
appointed  a  Committee,  consisting  of  one  memlber  from 
each  Colony,  to  "  prepare  and  digest  the  form  of  a  con 
federation  to  Tbe  entered  into  between  the  Colonies."  The 
Committee  agreed  as  to  the  terms  of  the  Confederation, 
and  made  a  report  to  Congress  on  the  12th  of  July,  one 
month  after  their  appointment.  Their  report  was  con 
sidered  amended,  and  postponed  from  time  to  tune,  until 
Articles  of  Confederation  were  agreed  to  on  the  15th  of 
November,  1777  ;  engrossed,  and  signed  "by  delegates  in 
Congress,  from  eight  States,  on  the  9th  of  July,  1778  ;  and 
went  into  effect  on  the  1st  of  March,  1781.  The  Constitu 
tion  of  the  United  States  went  into  force  on  Wednesday, 
March  4,  1789. 

II. 

Views  of  Mr.  Wilson,  of  Pennsylvania,  on  Confedera 
tion,  in  1776. 

In  Congress,  in  1776,  when  the  Articles  of  Confedera 
tion  were  under  consideration,  Mr.  Wilson,  of  Pennsyl 
vania,  who  was  one  of  the  signers  of  the  Declaration  of 
Independence,  and,  in  1787,  a  member  of  the  Convention 
that  framed  the  Constitution  of  the  United  States,  said  : 
5 


66  GOVERNMENT  OF  THE 

4 'It  has  been  said  that  Congress  is  a  representation  of 
States,  not  of  individuals.  I  say,  that  the  objects  of  its 
care,  are  all  the  individuals  of  the  States.  It  is  strange 
that  annexing  the  name  of  '  State '  to  ten  thousand  men, 
should  give  them  an  equal  right  with  forty  thousand. 
This  must  be  the  effect  of  magic,  not  of  reason."  *  *  * 
"It  is  asked,  Shall  nine  colonies  put  it  into  the  power  of 
four  to  govern  them  as  they  please  ?  I  invert  the  ques 
tion,  and  ask,  Shall  two  millions  of  people  put  it  into  the 
power  of  one  million  to  govern  them  as  they  please  ?  It 
is  pretended,  too,  that  the  smaller  colonies  will  be  in 
danger  from  the  greater.  Speak  in  honest  language  and 
say,  the  minority  will  be  in  danger  from  the  majority. 
And  is  there  an  assembly  on  earth,  where  this  danger 
may  not  be  equally  pretended."  *  *  *  "I  defy  the  wit 
of  man  to  invent  a  possible  case,  or  to  suggest  any  one 
thing  on  earth,  which  shall  be  for  the  interest  of  Virginia, 
Pennsylvania,  and  Massachusetts,  and  which  will  not  also 
be  for  the  interest  of  the  other  States." — Jeffersort s  Com 
plete  Works,  Yol.  I,  p.  35. 

III. 

Jolin  Adams,  in  1777. 

In  a  debate,  in  Congress,  on  the  Articles  of  Confedera 
tion,  in  July,  1777,  John  Adams  said :  u  We  stand  here 
as  the  representatives  of  the  people  ;  that  in  some  States 
the  people  are  many,  in  others  they  are  few ;  that,  there 
fore,  their  vote  here  should  be  proportioned  to  the  num 
bers  from  whom  it  comes."—  EllioV s  Delates,  Yol.  I, 
p.  76. 

IV. 
Congress  of  1777. 

In  a  circular  letter,  agreed  to  in  Congress,  November, 
17,  1777,  the  Articles  of  Confederation  are  mentioned  as 


UNITED   STATES  OF  AMEEICA.  67 

"a  plan  of  confederacy  for  securing  the  freedom,  sove 
reignty,  and  independence  of  the  United  States;"  and, 
referring  to  the  ratification  of  the  Articles,  the  letter  says, 
"it  seems  essential  to  our  very  existence  as  a  free  people." 
—Journals  of  Congress. 

V. 

Congress  of  1778. 

An  "Address  of  Congress  to  the  inhabitants  of  the 
United  States  of  America,"  May  8,  1778,  says:  "Your 
interests  will  be  fostered  and  nourished  by  governments 
tbat  derive  their  power  from  your  grant,  and  will  there 
fore  be  obliged,  by  the  influence  of  cogent  necessity,  to 
exert  it  in  your  favor." — Journals  of  Congress. 

VI. 

Treaty  of  1778. 

The  treaty  of  amity  and  commerce  concluded  between 
France  and  the  United  States,  in  1778,  mentions  "  the  two 
parties,"  "the  two  contracting  parties,"  "the  two  Na 
tions," — meaning,  in  each  case,  the  United  States  and 
France. 

VII. 
Treaty  of  1778. 

The  2d  Article  of  the  "  Treaty  of  alliance  eventual  and 
defensive,"  negotiated  at  Paris  on  the  6th  of  February, 
1778,  is  in  the  words  following,  viz. :  "Art.  2. — The  essen 
tial  and  direct  end  of  the  present  defensive  alliance,  is,  to 
maintain  effectually,  the  liberty,  sovereignty,  absolute 
and  unlimited,  of  the  United  States,  as  well  in  matters  of 
government  as  commerce." 


b«  GOVERNMENT  OF  THE 

YIII. 

Maryland  Gazette  of  1778. 

"An  Address  to  the  Americans,"  published  in  the 
Maryland  Gazette,  and  reprinted  in  the  Remembrancer 
for  the  year  1778,  says :  "  Every  circumstance  favorable  to 
mankind,  concurs  to  facilitate  the  independence,  the 
splendor,  and  the  felicity  of  the  American  Nation." — Re- 
memb.for  1778,  p.  339.  - 

IX. 

New  York  Journal  of  1778. 

The  New  York  Journal,  of  August  24,  1778,  says: 
"It  is  the  Almighty  who  raiseth  up:  He  hath  stationed 
America  among  the  powers  of  the  earth,  and  clothed  her 
in  robes  of  sovereignty." 

X. 

New  Jersey  Gazette  of  1779. 

Toast,  at  Philadelphia,  February  6,  1779,  on  the  anni 
versary  of  forming  the  alliance  between  the  United  States 
and  France:  "The  memory  of  the  patriots  who  have 
nobly  fallen  in  defense  of  the  liberty  and  independence 
of  America."—  New  Jersey  Gazette,  Feb.  17,  1779. 

XI. 

France  in  1780. 

A  "  Declaration  of  the  King  "  of  France,  in  1780,  says : 
"His  Majesty,  in  order  to  give  the  United  States  of 
America  a  new  proof  of  his  affection,  as  well  as  his  desire 
to  confirm  the  union  and  good  correspondence  established 
between  the  two  States,  has  been  pleased  to  pay  a  regard 


UNITED   STATES   OF  AMEKICA.  69 

to  their  representations."—  Journals  of  Congress,  July  11, 
1780. 

XII. 

Anthony  Wayne,  and  other  Officers,  in  1780. 

The  General  and  Field  Officers,  Captains  and  Subal 
terns,  of  the  American  Army  in  Philadelphia,  on  the  5th 
of  April,  1780,  adopted  the  following  Resolution,  which 
was  signed  by  Anthony -Wayne,  and  others:  "  Resolved, 
That  we  will  not  associate,  or  hold  communication,  with 
any  person,  or  persons,  who  have  exhibited  by  their  con 
duct  an  enemical  disposition,  or  even  lukewarmness,  to 
the  independence  of  America."—  Remembrancer,  Vol.  X, 
p.  60. 

XIII. 
Congress  of  1781. 

A  proclamation  agreed  to  in  Congress,  March  20, 1781, 
refers  to  the  connection  between  the  United  States  and 
France,  as  "  a  mutual  and  lasting  benefit  to  both  nations." 
— Journals  of  Congress. 

XIY. 

John  Adams,  in  1781. 

"The  people  who  at  this  time  compose  the  United 
States  of  America,"  is  a  phrase  that  appears  in  a  Memo 
rial,  dated  April  19,  1781,  and  written  by  John  Adams, 
Agent  for  the  American  Congress. — Remembrancer,  Yol. 
XI,  p.  350. 

XY. 

Pennsylvania  Journal  of  1782. 

An  Address  to  the  People  of  America,  published  in 
the  Pennsylvania  Journal,  of  April  3,  1782,  says :  "  Gov- 


70  GOVERNMENT  OF  THE 

eminent  and  the  People  do  not,  in  America,  constitute 
distinct  "bodies.  They  are  one,  and  their  interest  is  the 
same.  Members  of  Congress,  members  of  Assembly  or 
Council,  or  by  any  other  name  they  may  be  called,  are 
only  a  selected  part  of  the  people.  They  are  the  repre 
sentatives  of  majesty,  but  not  majesty  itself.  That  dignity 
exists  inherently  in  the  universal  multitude  ;  and  though 
it  may  be  delegated,  cannot  be  alienated." 

XVI. 

House  of  Delegates  of  Virginia,  in  1782. 

On  the  24th  of  May,  1782,  the  House  of  Delegates  of 
Virginia  passed  the  following  resolution :  "  Resolved, 
unanimously,  that  a  proposition  from  the  enemy  for  treat 
ing  with  any  assembly  or  body  of  men  in  America,  other 
than  the  Congress  of  these  United  States,  is  insidious  and 
inadmissible." 

XVII. 

Congress  of  1783. 

In  a  Convention,  ratified  by  Congress,  on  the  23d  of 
January,  1783,  the  United  Netherlands  and  the  United 
States  of  America  are  called  "the  two  Nations."—  Jour 
nals  of  Congress. 

xvm. 

Secretary  of  Foreign  Affairs,  in  1783. 

On  the  12th  of  April,  1783,  Eobert  R.  Livingston, 
Secretary  of  Foreign  Affairs,  in  a  letter  addressed  to  the 
Governor  of  Virginia,  said:  "A  national  character  is 
now  to  be  acquired.  I  venture  to  hope  that  it  will  be 
worthy  of  the  struggles  by  which  we  became  a  Nation." 


UNITED   STATES  OF  AMEEICA.  71 

XIX. 

Congress  of  1783. 

Extract  from  an  "  Address  to  the  States,  by  the  United 
States  in  Congress  assembled,"  agreed  to  in  Congress, 
April  24,  1783:  "No  instance  has  heretofore  occurred, 
nor  can  any  instance  be  expected  hereafter  to  occur,  in 
which  the  unadulterated  forms  of  republican  government 
can  pretend  to  so  fair  an  opportunity  of  justifying  them 
selves  by  their  fruits.  In  this  view  the  citizens  of  the 
United  States  are  responsible  for  the  greatest  trust  ever 
confided  to  a  political  society." — Journals  of  Congress. 

XX. 

Treaty  of  1783. 

The  Treaty  of  Amity  and  Commerce  which  was  con 
cluded  between  Sweden  and  the  United  States  of  America, 
on  the  3d  of  April,  1783,  mentions  "the  two  parties," 
"the  two  contracting  parties,"  and  "both  nations" 
meaning  Sweden  and  the  United  States. — FolweW s  Laws 
of  the  United  States,  Vol.  II,  p.  248. 


XXI. 

Treaty  of  1785. 

The  Treaty  of  Amity  and  Commerce  which  was  negoti 
ated  between  the  United  States  of  America  and  Prussia, 
on  the  10th  of  September,  1785,  mentions  "both  parties," 
and  "the  two  contracting  parties,"  meaning,  in  each  case, 
the  United  States  and  Prussia. 


72  GOVERNMENT  OF  THE 

XXII. 

Lord  SJieffield,  in  1783. 

In  a  pamphlet  written  by  Lord  Sheffield,  a  member  of 
the  British  Parliament,  the  writer  said:  "It  will  be  a 
long  time  before  the  American  States  can  be  brought  to 
act  as  a  Nation  ;  neither  are  they  to  be  feared  as  such  by 
us." — Pennsylvania  Journal,  Dec.  20,  1783. 

XXIII. 

Views  of  the  Sardinian  Minister,  in  1783. 

Extract  of  a  letter  from  John  Adams  to  Robert  E. 
Livingston,  dated  "The  Hague,  July  31,  1783,"— giving 
an  account  of  the  views  of  Count  Montagnini  de  Mirabel, 
the  Minister  Plenipotentiary  from  the  King  of  Sardinia  : 
"The  Count  said  his  advice  to  Congress  would  be  to 
write  a  Circular  letter  to  every  power  in  Europe,  as  soon 
as  the  definitive  treaty  should  be  signed,  and  transmit 
with  it  a  printed  copy  of  the  Treaty.  In  the  letter,'  Con 
gress  should  announce  that  on  the  4th  of  July,  1776,  the 
United  States  had  declared  themselves  a  sovereign  State, 
under  the  style  and  title  of  the  United  States  of  America  ; 
that  France,  on  the  6th  of  February,  1778,  had  acknowl 
edged  them  ;  that  the  States-General  had  done  the  same, 
on  the  19th  of  April,  1782  ;  that  Great  Britain,  on  the 
30th  of  November,  1782,  had  signed  with  them  a  treaty 
of  peace,  in  which  she  had  fully  acknowledged  their 
sovereignty  ;  that  Sweden  had  entered  into  a  treaty  with 
them,  on  the  5th  of  February,  1783;  and  that  Great 
Britain  had  concluded  the  definitive  treaty,  under  the 
mediation  of  the  two  empires,  if  that  should  be  the  fact, 
&c»—Spar7tf  Dip.  Cor.  of  Rev.,  Vol.  VI,  p.  122. 


UNITED   STATES   OF  AMERICA.  73 

XXIV. 

Congress  of  1783. 

Extract  from  a  "  Proclamation  "by  the  United  States  in 
Congress  assembled,"  October  18,  1783  :  "  And  whereas, 
by  the  blessing  of  Divine  Providence  on  our  cause  and 
our  arms,  the  glorious  period  is  arrived  when  our  national 
independence  and  sovereignty  are  established,  and  we 
enjoy  the  prospect  of  a  permanent  and  honorable  peace." 
—Journals  of  Congress. 

XXY. 
Oration  in  1783. 

Extract  from  an  Oration  by  Dr.  Thomas  Welsh,  de 
livered  at  Boston,  March  5,  1783:  "  America,  separated 
from  the  nations  of  Europe  by  a  mighty  ocean,  and  from 
Britain  by  the  mightier  hand  of  heaven,  is  acknowledged 
an  independent  nation:  she  has  now  to  maintain  her 
dignity  and  importance  among  the  kingdoms  of  the 
earth." — Principles  and  Acts  of  tJie  Revolution,  p.  58. 

XXVI. 

Washington,  in  1783. 

In  Congress,  December  23, 1783,  on  resigning  the  office 
of  Commander-in-Chief,  Washington  said:  " Happy  in 
the  confirmation  of  our  independence  and  sovereignty, 
and  pleased  with  the  opportunity  afforded  the  United 
States  of  becoming  a  respectable  nation,  I  resign  with 
satisfaction  the  appointment  I  accepted  with  diffidence  ;  a 
diffidence  in  my  abilities  to  accomplish  so  arduous  a 
task ;  which,  however,  was  superseded  by  a  confidence 
in  the  rectitude  of  our  cause,  the  support  of  the  supreme 
power  of  the  Union,  and  the  patronage  of  Heaven. "- 
Journals  of  Congress. 


74  GOVERNMENT  OF  THE 

XXVII. 

Dr.  Wittier  spoon. 

Dr.  John  Witherspoon,  who  was  a  signer  of  the  Dec 
laration  of  Independence,  and  who,  as  a  Delegate  in 
Congress  from  the  State  of  New  Jersey,  signed  the  Arti 
cles  of  Confederation,  said  :  "The  Congress  is,  properly 
speaking,  the  representative  of  the  great  body  of  the 
people  of  North  America."— -Wilherspoort s  Works,  Vol. 
IX,  p.  73. 

XXYIII. 
Pennsylvania  Journal  of  1783. 

Extract  from  an  article  which  was  published  in  the 
Pennsylvania  Journal,  of  April  19,  1783  :  "Our  citizen 
ship  in  the  United  States  is  our  national  character.  Our 
citizenship  in  any  particular  State  is  only  our  local  dis 
tinction.  By  the  latter  we  are  known  at  home  ;  by  the 
former,  to  the  world.  Our  great  title  is  Americans ;  our 
inferior  one  varies  with  the  place." 

XXIX. 

Washington,  in  1783. 

In  a  letter  dated  December  2,  1783,  and  addressed  to 
the  "Members  of  the  Volunteer  Association,  and  other 
inhabitants  of  the  Kingdom  of  Ireland,  who  have  lately 
arrived  in  the  city  of  New  York,"  George  Washington 
said  :  "The  bosom  of  America  is  open  to  receive  not  only 
the  opulent  and  respectable  stranger,  but  the  oppressed 
and  persecuted  of  all  nations  and  religions  ;  whom  we 
shall  welcome  to  a  participation  of  all  our  rights  and 
privileges,  if  by  decency  and  propriety  of  conduct,  they 
appear  to  merit  the  enjoyment." — London  "  Remembran 
cer"  for  1784,  p.  194. 


UNITED  STATES  OF  AMEEICA.  75 


CHAPTER    VIII. 


i. 

Proclamation  ~by  Congress,  1784. 

ON  the  ratification  of  the  Treaty  of  Peace  "between  the 
United  States  of  America  and  Great  Britain,  the  "  United 
States  in  Congress  assembled"  issued  a  Proclamation, 
from  which  the  following  extract  is  copied:  "We  have 
thought  proper,  by  these  presents,  to  notify  the  premises 
to  all  the  good  citizens  of  these  United  States,  hereby  re 
quiring  and  enjoining  all  "bodies  of  magistracy,  legis 
lative,  executive,  and  judiciary,  all  persons  "bearing  office, 
civil  or  military,  of  whatever  rank,  degree  and  powers, 
and  all  others  the  good  citizens  of  these  States,  of  every 
vocation  and  condition,  that  reverencing  those  stipulations 
entered  into  on  their  behalf,  under  the  authority  of  that 
federal  bond  by  which  their  existence  as  an  independent 
people  is  bound  up  together,  and  is  known  and  acknowl 
edged  by  the  nations  of  the  world,  and  with  that  good 
faith  which  is  every  man's  surest  guide,  within  their 
several  offices,  jurisdictions  and  vocations,  they  carry  into 
effect  the  said  definitive  articles,  and  every  clause  and 
sentence  thereof,  sincerely,  strictly  and  completely." 
"  Given  under  the  seal  of  the  United  States.  Witness  his 
excellency  Thomas  Mifflin,  our  President,  at  Annapolis, 
this  14th  day  of  January,  in  the  year  of  our  Lord  1784, 
and  of  the  sovereignty  and  independence  of  the  United 
States  of  America  the  eighth." — Journals  of  Congress. 


76  GOVEKXMEXT  OF  TIIE 

II. 

TJiomas  Jefferson,  in  1785. 

In  a  letter  dated  "Paris,  June,  1785,"  and  addressed 
to  Col.  [James]  Monroe,  of  Virginia,  Thomas  Jefferson 
said:  "I  am  very  differently  affected  toward  the  new 
plan  of  opening  our  Land  Office,  "by  dividing  the  lands 
among  the  States,  and  selling  them  at  vendue.  It  sepa 
rates  still  more  the  interests  of  the  States,  which  ought  to 
Ibe  made  joint  in  every  possible  instance,  in  order  to  cul 
tivate  the  idea  of  our  being  one  nation,  and  to  multiply 
the  instances  in  which  the  people  shall  look  up  to  Con 
gress  as  their  head." — Jeff er sort s  Complete  Works,  Vol. 
I,  p.  347. 

III. 
Congress  of  1785. 

In  Congress,  January  27,  1785,  it  was  ordered  that 
"the  oath  of  fidelity"  to  be  taken  by  the  Secretary  of 
War,  his  assistants  and  clerks,  should  be  in  the  words 
following  :  "  I,  A.  B.,  appointed  to  the  office  of  —  — , 
do  acknowledge  that  I  owe  faith  and  true  allegiance  to 
the  United  States  of  America  ;  and  I  do  swear  (or  affirm) 
that  I  will,  to  the  utmost  of  my  power,  support,  maintain, 
and  defend  the  said  United  States  in  their  freedom,  sove 
reignty,  and  independence,  against  all  opposition  what 
soever." — Journals  of  Congress. 

IV. 

TJiomas  Jefferson,  in  1786. 

In  a  letter  from  Thomas  Jefferson  to  John  Adams, 
under  date  of  "  Paris,  27  August,  1786,"  Mr.  Jefferson 
says:  "M.  de  Meusnier"  [author  of  an  Encyclopaedia] 
"was  introduced  to  me  by  the  Due  de  la  Rochefoucauld. 
He  asked  of  me  information  on  the  subject  of  our  States, 


UNITED  STATES   OF  AMEEICA.  77 

and  left  with  me  a  number  of  queries  to  answer.  Know 
ing  the  importance  of  setting  to  rights  a  "book  so  univer 
sally  diffused,  and  which  will  go  down  to  late  ages,  I 
answered  his  queries  as  fully  as  I  was  able,  went  into  a 
great  many  calculations  for  him,  and  offered  to  give  fur 
ther  information  where  necessary." — Works  of  John 
Adams,  Vol.  VIII,  p.  413.  In  a  written  answer  to  some 
of  M.  de  Meusnier's  questions,  Mr.  Jefferson  said:  "The 
ninth  Article  of  Confederation,  section  six,  evidently  es 
tablishes  three  orders  of  questions  in  Congress.  First, 
The  greater  ones,  which  relate  to  making  peace  or  war, 
alliances,  coinage,  requisitions  for  money,  raising  military 
force,  or  appointing  its  Commander -in-Chief.  Secondly, 
The  lesser  ones,  which  comprehend  all  other  matters  sub 
mitted  by  the  confederation  to  the  federal  head.  Thirdly, 
The  single  question  of  adjourning  from  day  to  day. 
This  gradation  of  questions  is  distinctly  characterized  by 
the  Article.  In  proportion  to  the  magnitude  of  these 
questions,  a  greater  concurrence  of  the  voices  composing 
the  Union  was  thought  necessary.  Three  degrees  of  con 
currence,  well  distinguished  by  substantial  circumstances, 
offered  themselves  to  notice.  First — A  concurrence  of  a 
majority  of  the  people  of  tlie  Union.  It  was  thought  that 
this  would  be  insured  by  requiring  the  voices  of  nine 
States  ;  because,  according  to  the  loose  estimates  which 
had  been  made  of  the  inhabitants,  and  the  proportion  of 
them  which  were  free,  it  was  believed  that  even  the  nine 
smallest  would  include  a  majority  of  the  free  citizens  of 
the  Union.  The  voices,  therefore,  of  nine  States  were 
required  in  the  greater  questions."  * — Jefferson1 }s  Com 
plete  Works,  Vol.  IX,  p.  244. 

*  June  23,  1778,  the  Delegates  ia  Congress  from  Massachusetts  moved,  on 
behalf  of  their  State,  that  the  sixth  section  of  the  ninth  Article  of  Confeder 
ation  "  be  re-considered  so  far  as  it  makes  the  assent  of  nine  States  necessary 
to  exercise  the  powers  with  which  Congress"  was  "thereby  invested."— The 
motion  failed. — Journals  of  Congress. 


78  GOVERNMENT  OF  TIIE 

Y. 

General  Assembly  of  Virginia,  in  1786. 

At  a  session  of  the  General  Assembly  of  the  State  of 
Virginia,  which  commenced  on  the  IGth  of  October,  1786, 
an  Act  was  passed  for  appointing  Delegates  to  a  Conven 
tion  proposed  to  be  held  in  Philadelphia,  in  May,  1787,  for 
the  purpose  of  revising  the  Articles  of  Confederation.  In 
the  Preamble  to  the  Act  the  following  passage  appears  : 
"And,  whereas,  the  General  Assembly  of  this  Common 
wealth,  taking  into  view  the  actual  situation  of  the  Con 
federacy,  as  well  as  reflecting  on  the  alarming  represen 
tations  made,  from  time  to  time,  by  the  United  States  in 
Congress,  particularly  in  their  Act  of  the  15th  of  February 
last,  can  no  longer  doubt  that  the  crisis  is  arrived  at 
which  the  good  people  of  America  are  to  decide  the 
solemn  question,  whether  they  will,  by  wise  and  magnani 
mous  efforts,  reap  the  just  fruits  of  that  independence 
which  they  have  so  gloriously  acquired,  and  of  that 
Union  which  they  have  cemented  with  so  much  of  their 
common  blood,  or  whether,  by  giving  way  to  unmanly 
jealousies  and  prejudices,  or  to  partial  and  transitory 
interests,  they  will  renounce  the  auspicious  blessings 
prepared  for  them  by  the  Revolution,  and  furnish  to  its 
enemies  an  eventual  triumph  over  those  by  whose  virtue 
and  valor  it  has  been  accomplished." 

VI. 
Congress  of  1786. 

On  the  15th  of  February,  1786,  Congress  agreed  to  a 
Report  which  contains  the  following  views:  "The  com 
mittee  are  of  opinion,  that  it  has  become  the  duty  of 
Congress  to  declare  most  explicitly,  that  the  crisis  has 
arrived,  when  tlie  people  of  these  United  States,  by  whose 


UNITED   STATES   OF  AMERICA.  79 

will,  and  for  whose  benefit  the  Federal  Government  was 
instituted,  must  decide  whether  they  will  support  their 
rank  as  a  nation,  by  maintaining  the  public  faith  at  home 
and  abroad ;  or  whether,  for  want  of  a  timely  exertion 
in  establishing  a  general  revenue,  and  thereby  giving 
strength  to  the  Confederacy,  they  will  hazard  not  only  the 
existence  of  the  Union,  but  of  those  great  and  invaluable 
privileges  for  which  they  have  so  arduously  and  so 
honorably  contended." — Journals  of  Congress. 

VII. 

Noah  Webster,  in  1786. 

In  articles  which  were  published  in  the  Pennsylvania 
Journal  (of  January  21,  and  February  1,  1786),  Noah 
Webster,  jr.,  said:  "All  power  is  vested  in  the  people. 
That  this  is  their  natural  and  inalienable  right,  is  a  posi 
tion  that  will  not  be  disputed.  The  only  question  is  how 
this  power  shall  be  exerted  to  effect  the  ends  of  govern 
ment."  *  *  *  "  The  idea  of  each  State  preserving  its 
sovereignty  and  independence  in  their  full  latitude,  and 
yet  holding  up  the  appearance  of  a  Confederacy  and  a 
concert  of  measures,  is  a  solecism  in  politics  that  will 
sooner  or  later  dissolve  the  pretended  Union,  or  work 
other  mischiefs  sufficient  to  bear  conviction  to  every 
mind."  *  *  *  "  We  ought  to  generalize  our  ideas  and 
our  measures.  We  ought  not  to  consider  ourselves  as 
inhabitants  of  a  particular  State  only,  but  as  Americans  ; 
as  the  common  subjects  of  a  great  empire."  *  *  *  "As 
a  member  of  a  family,  every  individual  has  some  domes 
tic  interests  ;  as  a  member  of  a  corporation  he  has  other 
interests ;  as  an  inhabitant  of  a  State  he  has  a  more  ex 
tensive  interest ;  as  a  citizen  and  subject  of  the  American 
empire,  he  has  a  national  interest  far  superior  to  all 
others." 


80  GOVERNMENT  OF  THE 

VIII. 

In  1780,  Thomas  Jefferson  said:  "When  any  one 
State  in  the  American  Union  refuses  obedience  to  the 
Confederation  by  which  they  have  bound  themselves,  the 
rest  have  a  natural  right  to  compel  them  to  obedience. 
Congress  would  probably  exercise  long  patience  before 
they  would  recur  to  force  ;  but  if  the  case  ultimately  re 
quired  it,  they  would  use  that  recurrence.  Should  the 
case  ever  arise,  they  will  probably  coerce  by  a  naval 
force,  as  being  more  easy,  less  dangerous  to  liberty,  and 
less  likely  to  produce  much  bloodshed."— Jeff cr  sort s 
Complete  Works,  Vol.  IX,  pp.  291,  292. 

IX. 

Jefferson  on  tlie  Confederation. 

Thomas  Jefferson  said:  " The  fundamental  defect  of 
the  Confederation  was,  that  Congress  was  not  authorized 
to  act  immediately  on  the  people,  by  its  own  officers. 
Their  power  was  only  requisitory,  and  these  requisitions 
were  addressed  to  the  several  legislatures,  to  be  by  them 
carried  into  execution,  without  other  coercion  than  the 
moral  principle  of  duty." — Jefferson* s  Complete  Works, 
Vol.  I,  p.  78. 

X. 

Congress  of  1787. 

On  the  21st  of  March,  1787,  Congress  unanimously 
resolved,  "That  the  Legislatures  of  the  several  States 
cannot  of  right  pass  any  act  or  acts  for  interpreting,  ex 
plaining,  or  construing  a  national  treaty,  or  any  part  or 
clause  thereof;  nor  for  restraining,  limiting,  or  in  any 
manner  impeding,  retarding,  or  counteracting  the  opera 
tion  and  execution  of  the  same." — Journals  of  Congress. 


UNITED  STATES  OF  AMEKICA.  81 


CHAPTER   IX. 


i. 

Congress  of  1787. 

In  Congress,  on  the  21st  of  February,  1787,  it  was 
"Kesolved,  That  in  the  opinion  of  Congress,  it  is  expedi 
ent,  that  on  the  second  Monday  in  May  next,  a  Convention 
of  Delegates,  who  shall  have  been  appointed  by  the  several 
States,  be  held  at  Philadelphia,  for  the  sole  and  express 
purpose  of  revising  the  Articles  of  Confederation,  and 
reporting  to  Congress  and  the  several  legislatures  such 
alterations  and  provisions  therein  as  shall,  when  agreed 
to  in  Congress,  and  confirmed  by  the  States,  render  the 
federal  constitution  adequate  to  the  exigencies  of  govern 
ment  and  the  preservation  of  the  Union." — Journals  of 
Congress. 

II. 

Convention  of  1787. 

In  the  Convention  that  met  at  Philadelphia  on  the 
14th  of  May,  1787,  to  form  a  Constitution  for  the  United 
States  of  America,  there  was  a  small  number  of  Delegates 
who  supported  the  theory  of  the  sovereignty  and  inde 
pendence  of  each  State ;  and  these  Delegates  wished  to 
establish  a  federal  government  by  the  authority  of  the 
States  in  their  sovereign  capacity— that  is,  by  compact, 
6 


82  GOVERNMENT  OF  THE 

or  in  the  same  manner  as  treaties  and  alliances  are 
formed  by  independent  nations.  "It  was  urged,"  says 
Luther  Martin,  who  was  a  Delegate  in  the  Convention 
from  the  State  of  Maryland,  "that  instead  of  the 
[national]  Legislature  consisting  of  two  "branches,  one  was 
sufficient,  whether  examined  by  the  dictates  of  reason,  or 
the  experience  of  ages  :  that  the  representatives,  instead 
of  being  drawn  from  the  people  at  large,  as  individuals, 
ought  to  be  drawn  from  the  States,  as  States,  in  their 
sovereign  capacity ;  that,  in  a  federal  government,  the 
parties  to  a  compact  are  not  the  people,  as  individuals, 
but  the  States,  as  States." — Luther  Martin? s  Address  to 
the  Legislature  of  Maryland  in  I78S.—JZlliot's  Debates, 
Vol.  I,  p.  345,  &c. 

III. 

Convention  of  1787. 

On  the  30th  of  May,  1787,  the  following  Resolution 
was  before  the  Convention  :  "Resolved,  That  a  National 
Government  ought  to  be  established,  consisting  of  a 
supreme  judicial,  legislative,  and  executive." 

"The  term  'Supreme,"  says  Judge  Yates,  "re 
quired  explanation.  It  was  asked  whether  it  was  in 
tended  to  annihilate  State  governments.  It  was  answered, 
only  so  far  as  the  powers  intended  to  be  granted  to  the 
new  Government  should  clash  with  the  States,  when  the 
latter  were  to  yield."  Of  the  eight  States  represented  in 
the  Convention  on  that  day,  six  voted  in  favor  of  the 
Resolution. — Judge  Yates'  Minutes. — Elliot's  Debates, 
Vol.  I,  p.  392. 

IV. 

Mr.  Wilson,  in  Convention,  1787. 

In  Convention,  June  25,  1787,  Mr.  Wilson,  of  Penn 
sylvania,  said  :  "  A  citizen  of  America  may  be  considered 


UNITED  STATES   OF  AMEEICA.  83 

in  two  points  of  view — as  a  citizen  of  the  General  Govern 
ment,  and  as  a  citizen  of  the  particular  State  in  which  he 
may  reside.  We  ought  to  consider  in  what  character  he 
acts  in  forming  a  General  Government.  I  am  both  a 
citizen  of  Pennsylvania  and  of  the  United  States.  I  must, 
therefore,  lay  aside  my  State  connections,  and  act  for  the 
general  good  of  the  whole.  We  must  forget  our  local 
habits  and  attachments.  The  General  Government  should 
not  depend  on  the  State  governments." — Elliot's  De 
bates,  Yol.  I,  pp.  445,  446. 

V. 

Charles  Pinckney,  in  1787. 

In  Convention,  June  25,  1787,  Mr.  Charles  Pinckney, 
of  South  Carolina,  said:  "Our  Government  must  be 
made  suitable  to  the  people ;  and  we  are,  perhaps,  the 
only  people  in  the  world  who  ever  had  sense  enough  to 
appoint  delegates  to  establish  a  General  Government.  I 
believe  that  the  proposition  from  Virginia,  with  some 
amendments,  will  satisfy  the  people.  But  a  General 
Government  must  not  be  dependent  on  the  State  Govern 
ments."— Elliot's  Debates,  Yol.  I,  p.  444. 

YI. 

James  Madison,  in  1787. 

In  Convention,  June  29,  1787,  James  Madison  said : 
"Some  contend  that  States  are  sovereign,  when  in  fact 
they  are  only  political  societies.  There  is  a  gradation  of 
power  in  all  societies,  from  the  lowest  corporation  to  the 
highest  sovereign.  The  States  never  possessed  the  essen 
tial  rights  of  sovereignty.  These  were  always  vested  in 
Congress.  Their  voting,  as  States,  in  Congress,  is  no 
evidence  of  sovereignty.  The  State  of  Maryland  voted 


84  GOVERNMENT  OF  TUE 

by  counties.  Did  this  make  the  counties  sovereign? 
The  States,  at  present,  are  only  great  corporations, 
having  the  power  of  making  "by-laws,  and  these  are 
effectual  only  if  they  are  not  contradictory  to  the  general 
Confederation.  The  States  ought  to  be  placed  under  the 
control  of  the  General  Government — at  least  as  much  so 
as  they  formerly  were  under  the  King  and  British  Parlia 
ment.  The  arguments,  I  observe,  have  taken  a  different 
turn,  and  I  hope  may  tend  to  convince  all  of  the  necessity 
of  a  strong,  energetic  government,  which  would  equally 
tend  to  give  energy  to  and  protect  the  State  govern 
ments."— Elliot's  Debates,  Vol.  I,  p.  461. 

VII. 

Alexander  Hamilton,  in  1787. 

In  Convention,  June  29,  1787,  Alexander  Hamilton 
said:  "The  question,  after  all,  is,  Is  it  our  interest,  in 
modifying  this  General  Government,  to  sacrifice  indi 
vidual  rights  to  the  preservation  of  the  rights  of  an 
artificial  being  called  States?  There  can  be  no  truer 
principle  than  this— that  every  individual  of  the  com 
munity  at  large  has  an  equal  right  to  the  protection  of 
government.  If,  therefore,  three  States  contain  a  ma 
jority  of  the  inhabitants  of  America,  ought  they  to  be 
governed  by  a  minority?"—  E llioV s  Debates,  Vol.  I, 
p.  463. 

VIII. 

George  Washington,  President  of  tlie  Convention  of  1787. 

Extract  from  a  Communication,  prepared  in  the  Con 
vention  that  formed  the  Constitution  of  the  United  States, 
dated  September  17, 1787 :  "In  all  our  deliberations  on  this 
subject,  we  kept  steadily  in  our  view,  that  which  appears 
to  us  as  the  greatest  interest  of  every  true  American,  the 


UNITED   STATES   OF  AMEKICA.  85 

consolidation  of  our  Union,  in  which  is  involved  our 
prosperity,  felicity,  safety,  perhaps  our  national  ex 
istence.  This  important  consideration,  seriously  and 
deeply  impressed  on  our  minds,  led  each  State  in  the 
Convention  to  Ibe  less  rigid  on  points  of  inferior  magni 
tude,  than  might  have  "been  otherwise  expected ;  and 
thus  the  Constitution  which  we  now  present  is  the  result 
of  a  spirit  of  amity,  and  of  that  mutual  deference  and 
concession  which  the  peculiarity  of  our  situation  rendered 
indispensable." — Signed  by  "  George  Washington,  Presi 
dent." — "By  unanimous  order  of  the  Convention,"  and 
addressed  to  "  His  Excellency  the  President  of  Congress." 
—Elliot's  Debates,  Vol.  I,  p.  %Q5,—Hickey's  Constitu 
tion,  p.  188. 

IX. 

Opinion  of  LutJier  Martin,  in  1788. 

Luther  Martin,  Attorney- General  of  the  State  of  Mary 
land,  and  for  a  time  a  distinguished  Delegate  in  the 
Convention  that  formed  the  Constitution  of  the  United 
States,  said,  in  1788:  "It"  [the  Constitution]  "is,  in  its 
very  introduction,  declared  to  Ibe  a  compact  between  the 
people  of  the  United  States  as  individuals ;  and  it  is  to 
Ibe  ratified  Iby  the  people  at  large,  in  their  capacity  as 
individuals."— Elliot's  Debates,  Yol.  I,  p.  360. 

X. 

Views  of  Dr.  Benjamin  RusTi,  in  1787. 

In  1787,  Benjamin  Rush,  who  was  one  of  the  signers 
of  the  Declaration  of  American  Independence,  said : 
"There  are  two  errors  or  prejudices  on  the  subject  of 
government  in  America,  which  lead  to  the  most  dangerous 
consequences.  It  is  often  said,  'that  the  sovereign  and 
all  other  power  is  seated  in  the  people.'  This  idea  is  un- 


86  GOVERNMENT  OF  THE 

happily  expressed.  It  should  be — '  all  power  is  derived 
Irom  the  people.'  "  *  *  *  "The  people  of  America  have 
mistaken  the  meaning  of  the  word  sovereignty  ;  hence 
each  State  pretends  to  be  sovereign.  In  Europe  it  is 
applied  only  to  those  States  which  possess  the  power  of 
making  war  and  peace — of  forming  treaties,  and  the  like. 
As  this  power  belongs  only  to  Congress,  they  are  the 
only  sovereign  power  in  the  United  States.''  *  *  *  "We 
commit  a  similar  mistake  in  our  ideas  of  the  word  inde 
pendent.  No  individual  State,  as  such,  has  any  claim  to 
independence.  She  is  independent  only  in  a  union  with 
her  sister  States,  in  Congress." — Acts  and  Principles  of 
the  Revolution,  p.  403. 

XI. 

Opinion  at  Philadelphia,  in  1788. 

At  Philadelphia,  July  4,  1788,  at  a  great  celebration 
of  the  anniversary  of  the  Declaration  of  Independence, 
on  "Union  Green,"  where  about  seventeen  thousand 
persons  were  assembled,  the  first  regular  toast  was  in 
these  words  :  "The  People  of  the  United  States."—  Haz. 
Register,  Vol.  I,  p.  424. 

XII. 

James  Madison,  in  1788. 

"In  December,  1788,  James  Madison  said,  that  it  was 
the  object  of  those  who  opposed  the  adoption  of  the  Con 
stitution,  "to  bring  about  another  general  Convention, 
which  would  either  agree  on  nothing,  as  would  be  agree 
able  to  some,  and  throw  every  thing  into  confusion,  or 
expunge  from  the  Constitution  parts  which  are  held  by 
its  friends  to  be  essential  to  \i."—Madisoris  Writings, 
Vol.  I,  p.  445. 


UNITED  STATES  OF  AMEKICA.  87 

XIII. 
John  Marshall,  in  1788. 

In  the  Virginia  Convention  on  the  adoption  of  the  Con 
stitution,  June  10,  1788,  John  Marshall  said:  "We  are 
told  that  many  in  the  States  were  violently  opposed  to  it" 
[the  Constitution].  "They  are  more  mindful  of  local  in 
terests.  They  will  never  propose  such  amendments  as 
they  think  would  "be  obtained.  Disunion  will  "be  their 
object." — Debates  in  Va.  Conven.,  p.  165. 

XIV. 

Mr.  Corbin,  of  Virginia,  in  1788. 

On  the  14th  of  June,  1788,  in  the  Virginia  Convention 
on  the  adoption  of  the  Constitution  of  the  United  States, 
Mr.  Corbin  said :  "  The  gentleman  had  told  us  that  noth 
ing  could  be  more  humiliating  than  that  the  State  govern 
ments  could  not  control  the  General  Government.  He 
thought  the  gentleman  might  as  well  have  complained 
that  one  county  could  not  control  the  State  at  large." — 
Elliot's  Debates,  Vol.  Ill,  p.  417. 

XV. 

Mr.  Wilson,  of  Pennsylvania,  in  1788. 

In  the  Pennsylvania  Convention  on  the  adoption  of  the 
Constitution,  in  1788,  Mr.  Wilson  said:  "State  sover 
eignty,  as  it  is  called,  is  far  from  being  able  to  support 
its  weight."— Elliot's  Debates,  Vol.  II,  p.  457. 

XVI. 

Mr.  Innis,  of  Virginia,  in  1788. 

In  the  Virginia  Convention,  June  25,  1788,  Mr.  Innis 
said:  u I  consider  Congress  as  ourselves,  as  our  fellow- 


88  GOVERNMENT  OF  THE 

citizens,  and  no  more  different  from  us  than  our  Delegates 
in  the  Legislature.  I  consider  them  all  as  having  a  fellow- 
feeling  for  us,  and  that  they  will  never  forget  that  this 
Government  is  that  of  the  people." — Elliot's  Debates, 
Vol.  Ill,  p.  C37. 

XVII. 

Mr.  Lowndes,  of  South  Carolina,  in  1788. 

In  the  South  Carolina  Convention  on  the  adoption  of 
the  Constitution,  January  17,  1788,  Mr.  Rawlins  Lowndes 
said :  "  The  treaty  of  peace  expressly  agreed  to  acknowl 
edge  us  as  free,  sovereign,  and  independent  States,  which 
privileges  we  lived  at  present  in  the  exercise  of.  But  this 
new  Constitution  at  once  swept  those  privileges  away ; 
being  sovereign  over  all ;  so  that  this  State  would  dwindle 
into  a  mere  skeleton  of  what  it  was." — Elliot's  Debates, 
Vol.  IV,  p.  287. 

diaries  Coteswortli  Pinc7cney,   of  SoutJi   Carolina,   in 

1788. 

In  the  South  Carolina  Convention,  January  18,  1788, 
in  answer  to  Mr.  Lowndes,  Charles  Coteswortli  Pinckney 
said :  "The  gentleman  had  mentioned  the  treaty  of  peace 
in  a  manner  as  if  our  independence  had  been  granted  us 
by  the  King  of  Great  Britain.  But  that  was  not  the  case. 
We  were  independent  before  the  treaty,  which  does  not  in 
fact  grant,  but  acknowledges  our  independence.  We 
ought  to  date  that  invaluable  blessing  from  a  much  older 
charter  than  the  treaty  of  peace — from  a  charter  which 
our  babes  should  be  taught  to  lisp  in  their  cradles.  *  *  * 
I  mean  the  Declaration  of  Independence  made  in  Congress 
the  4th  of  July,  1776.  This  admirable  manifesto,  which, 
for  importance  of  matter,  and  elegance  of  composition, 
stands  unrivalled,  sufficiently  confutes  the  honorable  gen 
tleman'  s  doctrine  of  the  individual  sovereignty  and  inde- 


UNITED   STATES   OF  AMERICA.  89 

pendenco  of  the  several  States.  In  that  Declaration  the 
several  States  are  not  even  enumerated ;  but  after  reciting, 
in  nervous  language,  and  with  convincing  arguments,  our 
right  to  io  dependence  and  the  tyranny  which  compelled 
us  to  assert  it,  the  Declaration  is  made  in  the  following 
words :  <  We,  therefore,  the  representatives  of  the  United 
States  of  America  in  general  Congress  assembled,  appeal 
ing  to  the  Supreme  Judge  of  the  world  for  the  rectitude  of 
our  intentions,  do,  in  the  name  and  by  the  authority  of 
the  good  people  of  these  Colonies,  solemnly  publish  and 
declare,  that  these  United  Colonies  are,  and  of  right  ought 
to  be,  free  and  independent  States.'  The  separate  inde 
pendence  and  individual  sovereignty  of  the  several  States 
were  never  thought  of  by  the  enlightened  band  of  patriots 
who  framed  the  Declaration ;  the  several  States  are  not 
even  mentioned  by  name  in  any  part  of  it— as  if  it  was  in 
tended  to  impress  this  maxim  on  America,  that  our  free 
dom  and  independence  arose  from  our  Union,  and  that 
without  it  we  could  neither  be  free  nor  independent.  Let 
us,  then,  consider  all  attempts  to  weaken  this  Union,  by 
maintaining  that  each  State  is  separately  and  individually 
independent,  as  a  species  of  political  heresy,  which  can 
never  benefit  us,  but  may  bring  on  us  the  most  serious 
distresses." — Elliot's  Debates,  Vol.  IV,  p.  301. 

General  Charles  Cotesworth  Pinckney  was  a  soldier  of 
the  Revolutionary  War;  an  aide-de-camp  to  General 
Washington,  at  Brandywine  and  Gennantown;  and  a 
member  of  the  Convention  that  formed  the  Constitution  of 
the  United  States. 

XVIII. 
George  Bancroft. 

George  Bancroft,  the  historian,  says :  "  The  inefficiency 
of  the  Confederate  Government  having  been  proved  by  ex 
perience  in  war  and  in  peace,  the  United  States  proceeded 


90  GOVERNMENT  OF  TIIE 

to  the  greatest  achievement  in  the  civil  history  of  man, 
the  formation  of  a  more  perfect  Union,  by  the  deliberate 
act  and  choice  of  the  people." — Bancroft's  Introduction 
to  Hunt's  Life  of  Livingston,  p.  xiv. 

XIX. 

Governor  Randolph,  of  Virginia,  in  1788. 

When  the  adoption  of  the  Constitution  of  the  United 
States  was  under  consideration  in  the  Virginia  Convention, 
June  9,  1788,  Governor  Kandolph,  one  of  the  Delegates, 
said:  " When  I  had  the  honor  of  being  deputed  to  the 
Federal  Convention  to  revise  the  existing  system,  I  was 
impressed  with  the  necessity  of  a  more  energetic  govern 
ment,  and  thoroughly  persuaded  that  the  salvation  of  the 
people  of  America  depended  on  an  intimate  and  firm 
union." — Debates  in  Va.  Conven.,  p.  140. 

XX. 

Henry  Lee,  of  Virginia,  in  1788. 

In  the  Virginia  Convention,  June  9,  1788,  Henry  Lee, 
of  Westmoreland  county,  said :  "  The  people  of  America, 
sir,  are  one  people.  I  love  the  people  of  the  north,  not 
because  they  have  adopted  the  Constitution,  but  because 
I  fought  with  them  as  my  countrymen,  and  because  I 
consider  them  as  such."  *.**  *  uln  all  local  matters  I 
shall  be  a  Virginian :  in  those  of  a  general  nature,  I  shall 
not  forget  that  I  am  an  American."—  Debates  in  Va. 
Conven.,  p.  134. 


UNITED  STATES  OF  AMERICA.  91 


CHAPTER   X. 


i. 

Mr.  Page,  of  Virginia,  in  1789. 

On  the  15th  of  August,  1789,  at  tlie  first  session  of  tlie 
first  Congress  under  the  authority  of  the  new  Constitution, 
Mr.  Page,  a  member  of  the  House  of  Eepresentatives, 
from  Virginia,  said :  "  All  power  vests  in  the  people  of 
the  United  States.  It  is,  therefore,  a  government  of  the 
people — a  Democracy.  If  it  were  consistent  with  the 
peace  and  tranquillity  of  the  inhabitants,  every  freeman 
would  have  a  right  to  come  and  give  his  vote  on  the  law  ; 
but  inasmuch  as  this  cannot  be  done,  by  reason  of  the 
extent  of  the  territory,  and  some  other  causes,  the  people 
have  agreed  that  their  representatives  shall  exercise  a 
part  of  their  authority." — Annals  of  Congress. 

II. 

James  Madison,  in  1789. 

In  Congress,  on  the  18th  of  August,  1789,  Mr.  Madison, 
of  Virginia,  said :  "  It  was  impossible  to  confine  govern 
ment  to  the  exercise  of  express  powers ;  there  must 
necessarily  be  admitted  powers  by  implication  unless  the 
Constitution  descended  to  recount  every  minutia.  He 
remembered  the  word  'expressly'  had  been  moved  in 


92  GOVERNMENT  OF  THE 

the  Convention  in  Virginia,  by  the  opponents  of  the  ratifi 
cation,  and,  after  full  and  fair  discussion,  was  given  up 
by  them,  and  the  system  allowed  to  retain  its  present 
form." — Annals  of  Congress. 


III. 

Congress  in  1789. 

In  Congress,  on  the  21st  of  August,  1789,  the  House 
proceeded  to  the  consideration  of  certain  amendments  to 
the  Constitution,  reported  by  the  Committee  of  the  whole. 
Mr.  Gerry  proposed  to  amend  the  ninth  proposition  by 
inserting  the  word  "expressly"  so  as  to  read  "the 
powers  not  expressly  delegated  by  the  Constitution,  nor 
prohibited  to  the  States,  are  reserved  to  the  States  re 
spectively,  or  to  the  people."  As  he  thought  this  amend 
ment  of  great  importance,  he  requested  that  the  Yeas  and 
Nays  might  be  taken.  He  was  supported  in  his  request 
by  one-fifth  of  the  members  present :  whereupon  the 
yeas  and  nays  were  taken,  and  were  as  follows  : 

Yeas — Messrs.  Burke,  of  South  Carolina ;  Coles,  of 
Virginia  ;  Floyd,  of  New  York  ;  Gerry,  of  Massachusetts  ; 
Hathom,  of  New  York ;  Grout,  of  Massachusetts ;  Jack 
son,  of  Georgia  ;  Livermore,  of  New  Hampshire  ;  Page, 
of  Virginia ;  Parker,  of  Virginia  ;  Partridge,  of  Massa 
chusetts  ;  Van  Rensselaer,  of  New  York  ;  Smith,  of  South 
Carolina  ;  Stone,  of  Maryland  ;  Sumter,  of  South  Caro 
lina  ;  Thatcher,  of  Massachusetts ;  and  Tucker,  of  South 
Carolina. — 17  Yeas. 

Nays — Messrs.  Ames,  of  Massachusetts ;  Benson,  of 
New  York ;  Boudinot,  of  New  Jersey ;  Brown,  of  Vir 
ginia  ;  Cadwallader,  of  New  Jersey ;  Carroll,  of  Mary 
land  ;  Clymer,  of  Pennsylvania  ;  Foster,  of  New  Hamp 
shire  ;  Gale,  of  Maryland ;  Fitzsimmons,  of  Pennsylvania ; 
Gilman,  of  New  Hampshire  ;  Goodhue,  of  Massachusetts ; 
Hartley,  of  Pennsylvania  ;  Heister,  of  Pennsylvania  ; 


UNITED   STATES   OF  AMERICA.  93 

Lawrence,  of  New  York ;  Loe,  of  Virginia ;  Madison,  of 
Virginia  ;  Moore,  of  Virginia  ;  Mulilenbnrg,  of  Pennsyl 
vania  ;  Scliureman,  of  New  Jersey ;  Scott,  of  Pennsyl 
vania  ;  Sedgwick,  of  Massachusetts  ;  Seney,  of  Maryland  ; 
Sherman,  of  Connecticut ;  Sylvester,  of  New  York  ;  Sin- 
nickson,  of  New  Jersey ;  Smith,  of  Maryland  ;  S targes, 
of  Connecticut ;  Trumbull,  of  Connecticut ;  Vining,  of 
Delaware  ;  Wadsworth,  of  Connecticut ;  and  Wynkoop, 
of  Pennsylvania. — 32  Nays. 

IV. 

Erroneous  Use  of  the  Word  "Expressly." 

It  is  not  possible  to  find  grounds  on  which  to  raise  a 
presumption  of  an  intentional  misrepresentation  on  the 
part  of  the  eminent  public  characters  who,  on  many 
different  occasions,  have  confidently  asserted  that  the 
Congress  of  the  United  States  is  restricted  to  the  exercise 
of  powers  expressly  granted  by  the  Constitution  of  the 
United  States  ;  but  the  inexcusable  carelessness  of  these 
political  instructors  of  a  large  number  of  the  people  of  the 
nation,  is  a  matter  which  may  be  regarded  with  mingled 
feelings  of  great  astonishment  and  profound  regret. 

V. 

Views  of  Chief  Justice  Jay,  in  1793. 

In  1793,  Chief  Justice  Jay,  of  the  Supreme  Court  of 
the  United  States,  said:  "The  Eevolution,  or  rather  the 
Declaration  of  Independence,  found  the  people  already 
united  for  general  purposes,  and  at  the  same  time  pro 
viding  for  their  more  domestic  concerns,  by  State  Con 
ventions,  and  other  temporary  arrangements.  From  the 
Crown  of  Great  Britain  the  sovereignty  of  their  country 
passed  to  the  people  of  it."  *  *  *  "At  the  Kevolution, 


94  GOVERNMENT  OF  THE 

the  sovereignty  devolved  on  the  people ;  and  they  are 
truly  the  sovereigns  of  the  country,  but  they  are  sovereigns 
without  subjects  (unless  the  African  slaves  among  us 
may  be  so  called),  and  have  none  to  govern  but  tliem- 
selces  ;  the  citizens  of  America  are  equal  as  fellow- 
citizens,  and  as  joint-tenants  in  the  sovereignty." — Dallas' 
Reports,  Vol.  II,  pp.  470,  471,  472. 

VI. 

Views  of  Justice  Paterson,  in  1795. 

Justice  Paterson,  of  the  Supreme  Court  of  the 
United  States,  in  1795,  said:  "The  truth  is,  that  the 
States  individually,  were  not  known  or  recognized  as 
sovereign  by  foreign  nations,  nor  are  they  now ;  the 
States  collectively,  under  Congress  as  their  connecting 
point,  or  head,  were  acknowledged  by  foreign  powers  as 
sovereign,  particularly  in  that  acceptation  of  the  term 
which  is  applicable  to  all  great  national  concerns,  and  in 
the  exercise  of  which  other  sovereigns  would  be  more  im 
mediately  interested ;  such,  for  instance,  as  the  rights  of 
war  and  peace,  of  making  treaties,  and  sending  and  re 
ceiving  ambassadors." — Dallas'  Reports ',  Vol.  Ill,  p.  81. 

VII. 

Wasliingtort s  Farewell  Address. 

In  Washington's  Farewell  Address  "to  the  People  of 
the  United  States,"  the  following  passages  appear:  "The 
free  Constitution  which  is  the  work  of  your  hands." 
"The  unity  of  government  which  constitutes  you  one 
people." — "  The  name  of  American  which  belongs  to  you 
in  your  national  capacity,  must  always  exalt  the  just 
pride  of  patriotism  more  than  any  appellation  derived 
from  local  discriminations." — "  Community  of  interests 


UNITED   STATES   OF  AMEEICA.  95 

as  one  nation." — "  To  tlio  efficacy  and  permanency  of 
your  Union,  a  government  for  the  whole  is  indispensable. 
No  alliance,  however  strict,  between  the  parts,  can  "be  an 
adequate  substitute." 

VIII. 

John  Adams,  in  1799. 

On  the  23d  of  December,  1799,  John  Adams,  President 
of  the  United  States,  in  referring  to  the  death  of  AVash- 
ington,  said:  "  Among  all  our  original  associates  in  that 
memorable  league  of  the  Continent  in  1774,  which  first 
expressed  the  sovereign  will  of  a  free  nation  in  America, 
he  was  the  only  one  remaining  in  the  general  govern 
ment." — Journals  U.  S.  Senate. 

IX. 

Chief  Justice  Marshall,  in  1819. 

In  the  case  of  McCulloch  vs.  State  of  Maryland,  de 
cided  by  the  Supreme  Court  of  the  United  States,  in  1819, 
Chief  Justice  Marshall,  in  delivering  the  opinion  of  the 
Court,  said  :  "  The  government  of  the  Union,  then  (what 
ever  may  be  the  influence  of  this  fact  on  the  case),  is,  em 
phatically  and  truly,  a  government  of  the  people.  In 
form  and  in  substance  it  emanated  from  them.  Its  powers 
are  granted  by  them,  and  are  to  be  exercised  directly  on 
them,  and  for  their  benefit."—  Wheaton'  s  fieports,  Yol. 
IV,  p.  405. 

X. 

Andrew  Jac7cson,  in  1832. 

In  a  Proclamation  issued  by  Andrew  Jackson,  Presi 
dent  of  the  United  States,  on  the  10th  of  December,  1832, 
concerning  the  Nullification  movements  in  South  Carolina, 


96  GOVERNMENT  OF  THE 

the  following  views  are  published: — "It"  [the  Govern 
ment  of  the  United  States]  "is  a  Government  in  which  all 
the  people  are  represented,  which  operates  directly  on  the 
people  individually,  not  upon  the  States."  *  *  *  "  The 
unity  of  our  political  character  (as  has  been  shown  for 
another  purpose),  commenced  with  its  very  existence. 
Under  the  royal  government  we  had  no  separate  character. 
Our  opposition  to  its  oppressions  began  as  United  Colo 
nies.  We  were  the  United  States  under  the  Confedera 
tion,  and  the  name  was  perpetuated,  and  the  Union  ren 
dered  more  perfect,  by  the  Federal  Constitution.  In  none 
of  these  stages  did  we  consider  ourselves  in  any  other 
light  than  as  forming  one  nation." 

XL 

Opinions  of  Joseph  Story. 

Judge  Story,  in  his  Commentaries  on  tlie  Constitution 
oftJie  United  States,  says  :  "  The  declaration  of  the  inde 
pendence  of  all  the  Colonies  was  the  united  act  of  all.  It 
was  "  a  Declaration  by  the  Representatives  of  the  United 
States  of  America  in  Congress  assembled,"  "by  the  Dele 
gates  appointed  by  the  good  people  of  the  Colonies,"  as 
in  a  prior  declaration  they  were  called.  It  was  not  an  act 
done  by  the  State  governments  then  organized  ;  nor  by 
persons  chosen  by  them.  It  was  emphatically  the  act  of 
the  whole  people  of  the  United  Colonies,  by  the  instrumen 
tality  of  their  representatives,  chosen  for  that  among  other 
purposes.  It  was  an  act  not  competent  to  the  State  govern 
ments,  or  any  of  them,  as  organized  under  their  charters, 
to  adopt.  Those  charters  neither  contemplated  the  case, 
nor  provided  for  it.  It  was  an  act  of  original,  inherent 
sovereignty,  by  the  people  themselves,  resulting  from  their 
right  to  change  the  form  of  government,  and  to  institute  a 
new  government  whenever  necessary  for  their  safety  and 


UNITED  STATES  OF  AMEKICA.  97 

happiness.  So  the  Declaration  of  Independence  treats  it." 
—Story's  Com.,  B.  H,  p.  211.—Mliot's  Debates,  Vol.  I, 
p.  66. 

XII. 

Views  of  Daniel  Webster. 

Daniel  Webster  said  :  "It  is,  sir,  the  people's  Consti 
tution,  the  people's  Government,  made  for  the  people, 
made  by  the  people,  and  answerable  to  the  people.  The 
people  of  the  United  States  have  declared  that  this  Con 
stitution  shall  be  the  supreme  law."  *  *  *  "  We  are 
all  agents  of  the  same  supreme  power,  the  people.  The 
General  Government  and  the  State  governments  derive 
their  authority  from  the  same  source."  *  *  *  "The 
national  Government  possesses  those  powers  which  it  can 
be  shown  the  people  have  conferred  on  it,  and  no  more. 
All  the  rest  belongs  to  the  State  governments,  or  to  the 
people  themselves." — Works  of  Daniel  Webster,  Vol. 
Ill,  pp.  321,  322. 

XIII. 
John  C.  CaUwun. 

*  *  *  "If  by  the  people  be  meant  the  people  col 
lectively,  and  not  the  people  of  the  several  States  taken 
separately ;  and  if  it  be  true,  indeed,  that  the  Constitu 
tion  is  the  work  of  the  American  people  collectively ;  if 
it  originated  with  them,  and  derives  its  authority  from 
their  will,  then  there  is  an  end  of  the  argument.  The 
right  claimed  for  a  State  of  defending  her  reserved 
powers  against  the  General  Government,  would  be  an 
absurdity."— Calhoun' s  WorJcs,  Vol.  VI,  p.  146. 
7 


98  GOVERNMENT  OF  THE 

XIV. 

William  H.  Seward. 

In  the  Senate  of  the  United  States,  on  the  llth  of 
March,  1850,  William  II.  Seward  said:  "The  United 
States  are  a  political  State,  or  organized  society,  whose 
end  is  government,  for  the  security,  welfare,  and  happi 
ness  of  all  who  live  under  its  protection.  The  theoiy  I 
am  combating  reduces  the  objects  of  government  to  the 
mere  spoils  of  conquest.  Contrary  to  a  theory  so  de 
basing,  the  preamble  of  the  Constitution  not  only  asserts 
the  sovereignty  to  be,  not  in  the  States,  but  in  the  People, 
but  also  promulgates  the  objects  of  the  Constitution." 
*  *  *  "I  know  only  one  country  and  one  sovereign — 
the  United  States  of  America  and  the  American  People." 

XY. 

John  Quincy  Adams. 

"John  Quincy  Adams  said:  "The  Declaration  of 
Independence  was  a  social  compact,  by  which  the  whole 
people  covenanted  with  each  citizen  of  the  United  Colo 
nies,  and  each  citizen  with  the  whole  people,  that  the 
United  Colonies  were,  and  of  right  ought  to  be,  free  and 
independent  States." — Oration  of  J.  Q.  Adams. 

XYI. 

Views  of  Chief  Justice  Chase. 

Mr.  Chief  Justice  Chase,  in  delivering  an  opinion  of 
the  Supreme  Court  of  the  United  States,  at  the  December 
Term  of  1868,  said:  "The  poverty  of  language  often 
compels  the  employment  of  terms  in  quite  different  signi 
fications  ;  and  of  this  hardly  any  example  more  signal  is 
to  be  found  than  in  the  use  of  the  word  [State]  we  are 


UNITED   STATES   OF  AMEKICA.  99 

now  considering."  *  *  *  "  In  the  Constitution  the 
term  State  most  frequently  expresses  the  combined  idea 
just  noticed,  of  people,  territory,  and  government.  A 
State,  in  the  ordinary  sense  of  the  Constitution,  is  a 
political  community  of  free  citizens,  occupying  a  territory 
of  defined  boundaries,  and  organized  under  a  government 
sanctioned  and  limited  by  a  written  constitution,  and 
established  by  the  consent  of  the  governed.  It  is  the 
union  of  such  States,  under  a  common  Constitution, 
which  forms  the  distinct  and  greater  political  unit  which 
that  Constitution  designates  as  the  United  States,  and 
makes  of  the  people  and  States  which  compose  it  one 
people  and  one  country." — Wallace's  Reports ,  Vol.  VII, 
pp.  720,  721. 

XVII. 

James  Madison. 

James  Madison  opposed  the  views  of  certain  parties 
who,  "  with  a  boldness  truly  astonishing,  do  say,  that  the 
Constitution  of  the  United  States,  which,  as  such,  and 
under  that  name,  was  presented  to  and  accepted  by  those 
who  ratified  it ;  which  has  been  so  deemed  and  so  called 
by  those  living  under  it  for  nearly  half  a  century ;  and, 
as  such,  sworn  to  by  every  officer,  State  as  well  as 
federal,  is  yet  no  Constitution,  but  a  treaty,  or  league,  or, 
at  most,  a  confederacy  among  nations,  as  independent 
and  sovereign  in  relation  to  each  other  as  before  the 
charter  which  calls  itself  a  Constitution  was  formed." — 
Selections  from  the  Private  Correspondence  of  James 
Madison,  p.  405. 

XVIII. 

James  Madison. 

In  a  letter  addressed  to  Daniel  Webster,  on  the  15th  of 
March,  1833,  James  Madison  said  :    "  It  is  fortunate  when 


100  GOVERNMENT  OF  THE 

disputed  theories  can  "be  decided  "by  undisputed  facts. 
And  here  the  undisputed  fact  is,  that  the  Constitution 
was  made  by  the  people,  but  as  imbodie'd  into  the  several 
States  who  were  parties  to  it,  and,  therefore,  made  by  the 
States  in  their  highest  authoritative  capacity." — Selec 
tions  from  the  Private  Correspondence  of  James  Madi 
son,  p.  299.  *  *  *  "A  fundamental  error  lies  in 
supposing  the  State  governments  to  be  the  parties  to  the 
constitutional  compact  from  which  the  government  of  the 
United  States  results."—  /&.,  p.  118. 

XIX. 

Supreme  Court  of  the  United  States. 

In  the  case  of  Martin  vs.  Hunter's  Lessee,  decided  in 
1816,  the  Supreme  Court  of  the  United  States  said  :  "  The 
Constitution  of  the  United  States  was  ordained  and 
established,  not  by  the  States  in  their  sovereign  capaci 
ties,  but  emphatically,  as  the  preamble  of  the  Constitu 
tion  declares,  by  'the  people  of  the  United  States.5" — 
Wheaton's  Heports,  Vol.  I,  p.  324. 


UNITED  STATES  OF  AMERICA.  101 


CHAPTER   XI. 


i. 

Kent '  s   Commentaries. 

KEOT  says  :  "  The  association  of  the  American  people 
into  one  body  politic,  took  place  while  they  were  Colonies 
of  the  British  Empire,  and  owed  allegiance  to  the  British 
crown."  *  *  *  "The  Delegates  to  the  Congress  of 
1774  met,  with  authority  and  direction  to  'consult  to 
gether  for  the  common  welfare.'  "  *  *  *  "  The  Dele 
gates  to  the  Congresses  of  1774  and  1775  were  chosen 
'  partly  by  the  popular  "branch  of  the  Colonial  Legisla 
tures  when  in  session,  but  principally  by  Conventions  of 
the  people  in  the  several  Colonies.'" — KenV  s  Comm., 
Vol.  I,  pp.  212,  213,  218. 

II. 

Phrases  used  ~by  Congress  before  the  Declaration  of 
Independence. 

The  acts  and  proceedings  of  the  Continental  Con 
gresses,  before  the  4th  of  July,  1776,  contain  the  following 
phrases  in  reference  to  the  origin  of  the  "Union"  which 
still  exists,  viz.  :  "The  union  of  these  Colonies." — "The 
consolidated  powers  of  North  America." — "Our  Con- 


102  GOVERNMENT  OF  HIE 

federation."— "  Our  joint  exertions."— "  The  united  efforts 
of  North  America." — uThe  people  of  America." — "  Citi 
zens  of  America." — "  Eights  of  Americans." — "  United  by 
the  indissoluble  bands  of  affection  and  interest."— "  Our 
union  is  perfect." — "  These  United  Colonies,"  &c. 

III. 

Declaration   of  Independence  did   not  form   Thirteen 
Separate  Sovereign  States. 

The  Declaration  of  Independence  did  not  dissolve  the 
Union;  nor  did  it  form  thirteen  separate  "new  sover 
eignties,"  which  "took  their  places  in  the  family  of 
independent  nations"  On  the  4th  of  July,  1776,  the  first 
Resolution  adopted  by  Congress,  after  the  Declaration 
was  signed  by  the  members,  was  in  the  words  following, 
viz.  :  "Resolved,  That  copies  of  the  Declaration  be  sent 
to  the  several  assemblies,  conventions  and  committees, 
or  councils  of  safety,  and  to  the  several  commanding 
officers  of  the  Continental  troops  ;  that  it  be  proclaimed 
in  each  of  the  United  States,  and  at  the  head  of  the 
Army."  On  the  same  day,  after  the  adoption  of  the 
foregoing  Resolution,  it  was  "  Resolved,  That  Dr.  Frank 
lin,  Mr.  J.  Adams,  and  Mr.  Jefferson,  be  a  committee  to 
prepare  a  device  for  a  seal  for  the  United  States  of 
America." — Journals  of  Congress. 

IV. 

The  Union. 

A  resolution  agreed  to  in  Congress,  February  15,  1786, 
refers  to  engagements  entered  into  "  for  the  common  benefit 
of  the  Union."  On  the  21st  of  February,  1787,  the  Con 
gress  of  the  Confederation  adopted  a  resolution  relating 
to  "the  preservation  of  the  Union."  The  Constitution  of 


UNITED  STATES  OF  AMERICA.  103 

the  United  States  was  ordained  and  established  "in  order 
to  form  a  more  perfect  Union,"  &c.  The  Constitution  de 
clares  that  representatives  and  direct  taxes  shall  be  appor 
tioned  among  the  States  of  "this  Union."— That  the  Presi 
dent  shall  give  to  the  Congress  "information  of  the  state 
of  the  Union." — That  new  States  may  be  admitted  "into 
this  Union." — And  that  "the  United  States  shall  guar 
antee  to  every  State  in  this  Union  a  Republican  form  of 
Government." 

V. 

The  Union. 

In  a  speech  that  was  delivered  in  the  Senate  of  the 
United  States,  on  the  6th  of  February,  1868,  by  Charles 
D.  Drake,  who  is,  at  the  present  time,  the  Chief  Justice  of 
the  United  States  Court  of  Claims,  the  following  passages 
appear  :  "  The  Union  dates  not  from  the  Constitution,  nor 
from  the  Articles  of  Confederation,  nor  from  the  Declara 
tion  of  Independence,  but  ante-dates  them  all.  Its  birth 
day  was  the  5th  of  September,  1774— a  day  yet  to  be  fitly 
commemorated,  I  hope,  by  this  nation — when  was  assem 
bled  that  noble  band  of  patriots  which  constituted  the 
grand  old  Continental  Congress.  They  were  the  repre 
sentatives,  not  of  the  chartered  organizations  known  as 
the  Colonies,  but  of  the  people  thereof,  receiving  their 
appointments  from  the  popular  or  representative  branch 
of  the  Colonial  Legislatures,  or  from  Conventions  of  the 
people  of  the  Colonies,  and  styling  themselves  in  their 
more  formal  acts  '  the  delegates  appointed  by  the  good 
people  of  these  Colonies.'  In  them  the  people  of  the 
Colonies  were  together,  and  their  acts  were  the  acts  of  the 
people,  before  any  State  had  an  existence.  From  the  day 
they  came  together  till  this  hour,  the  American  people, 
first  as  Colonists  and  British  subjects,  and  then  as  Ameri 
can  citizens,  have  been  a  united  people. 


104  GOVERNMENT  OF  THE 

"  On  the  4th  of  July,  1776,  they  formally  declared  that 
they  were  'one  people,'  and  their  representatives,  claiming 
to  act  and  acting  '  in  the  name  and  by  the  authority  of 
the  good  people  of  these  Colonies,'  put  forth  that  Declara 
tion  of  Independence  which  announced  a  new  "birth  into 
the  family  of  nations.  Though  the  Union  had  existed  for 
nearly  two  years,  here  was  the  point  at  which  the  nation 
stepped  into  the  arena  of  the  world.  It  could  not,  while 
in  a  condition  of  Colonial  dependence,  call  itself  a  nation ; 
"but  when  it  renounced  dependence  and  proclaimed  itself 
free  and  independent,  then  it  entered  on  its  career  of 
nationality,  assuming  the  responsibilities,  acknowledging 
the  obligations,  wielding  the  powers,  and  accepting  the 
destiny,  for  weal  or  for  woe,  of  a  nation." 

VI. 

Of  TJiirteen  Sovereign  States  or  Nations. 

After  taking  into  consideration  the  historical  facts 
which  appear  in  the  preceding  chapters,  and  the  true 
meaning  of  the  words  "  sovereign  and  independent"  it  is 
not  possible  to  believe  that  the  patriots  who,  "in  the  name 
and  by  the  authority  of  the  good  people"  of  thirteen 
British  Colonies,  proclaimed  the  Declaration  of  Indepen 
dence,  intended,  by  that  act,  to  dissolve  the  Union  and  to 
establish  thirteen  separate  sovereign  and  independent 
States,  or  nations — each,  in  the  words  of  the  Declaration, 
having  "full  power  to  levy  war,  conclude  peace,  contract 
alliances,  establish  commerce,  and  to  do  all  other  acts 
and  things  which  Independent  States  may  of  right  do." 

It  is  impossible  to  believe  that  the  Revolutionary 
patriots  of  Delaware,  which  State,  in  1776,  contained 
about  thirty  thousand  inhabitants,  intended  at  that  time 
to  separate  themselves  from  the  Union,  and  to  take  their 
station,  as  a  sovereign  and  independent  State,  among  the 
nations  of  the  earth. 


UNITED   STATES   OF  AMERICA.  105 

VII. 

Of  tlie  Evidence  contained  in  the  Preceding  Notes. 

The  weighty  and  definite  evidence  which  has  been 
collected  from  a  great  number  of  authorities,  and  cited  in 
these  Notes,  seems  to  prove,  conclusively,  1st,  that  the 
Government  of  the  United  States,  of  America  did  not 
originate  in  any  alliance,  confederation,  or  compact, 
formed  by  separate  sovereign  and  independent  States ; 
and,  2dly,  that  all  political  theories  which  are  founded 
only  on  a  presumption  of  the  original  sovereignty  and 
independence  of  each  of  the  thirteen  revolutionary  States 
of  the  Union,  are  errors,  which,  if  they  cannot  be  cor 
rected,  may  continue  to  be  the  sources  of  unfriendly  and 
bitter  controversies  among  the  people  of  the  United  States 
in  relation  to  the  Constitutional  powers  of  their  own  Na 
tional  Government,  and  to  the  nature  and  limitations  of 
State  Eights. 


106  GOVERNMENT  OF  THE 


CHAPTER   XII. 


i. 

James  Madison,  in  1830. 

IN  a  letter  addressed  to  Daniel  Webster,  on  the  27th  of 
May,  1830,  James  Madison  said :  "  The  actual  system  of 
Government  for  the  United  States  is  so  unexampled  in  its 
origin,  so  complex  in  its  structure,  and  so  peculiar  in 
some  of  its  features,  that,  in  describing  it,  the  political 
vocabulary  does  not  furnish  terms  sufficiently  distinctive 
and  appropriate,  without  a  detailed  resort  to  the  facts  of 
the  case." — Madison's  Writings,  Yol.  IV,  p.  85. 

In  view  of  the  opinion  which  was  expressed  by  John 
Adams,*  who  was  one  of  the  most  distinguished  patriots 
among  those  who  laid  the  foundations  of  the  Government 
of  the  United  States,  it  is  probable  that  some  of  the  com 
plex  and  peculiar  difficulties  to  which  Mr.  Madison  refers, 
in  his  letter  to  Mr.  Webster,  can  never  be  wholly  removed 
by  the  force  of  any  conclusive  evidence  that  can  be  drawn 
from  "a  detailed  resort  to  the  facts  of  the  case." 

II. 
What  the  foregoing  Evidence  seems  to  Prove. 

When  the  people  of  the  United  American  Colonies 
undertook,  in  a  state  of  revolution,  uto  alter  or  to 

*  Vide  Chap.  I.  Note  2. 


UNITED   STATES   OF  AMERICA.  107 

abolish"  a  form  of  government  under  which  they  were 
deprived  of  many  of  their  political  rights  and  privileges, 
the  views  and  intentions  of  the  revolutionists  respecting 
the  precise  nature  of  such  new  government,  were  neither 
matured,  harmonious,  nor  definite.  Nevertheless,  the 
historical  evidence  which  has  been  submitted  to  the  con 
sideration  of  the  reader  of  these  Notes,  seems  to  prove- 
First.  That  the  sovereignty  of  tlie  People  of  the  United 
States  was  acknowledged  by  the  Declaration  of  Indepen 
dence,  which  declares  that  "  governments  are  instituted 
among  men,  deriving  their  just  powers  from  the  consent 
of  the  governed;"  and,  "that,  whenever  any  form  of 
government  becomes  destructive"  of  certain  unalienable 
rights,  "it  is  the  right  of  the  people  to  alter  or  to  abolish 
it,  and  to  institute  a  new  government,  laying  its  founda 
tion  on  such  principles,  and  organizing  its  powers  in  such 
form,  as  to  them  shall  seem  most  likely  to  effect  their 
safety  and  happiness." 

Secondly.  That  the  truth  of  the  theory  of  the  nation 
ality,  unity,  and  sovereignty  of  the  People  of  the  United 
States  was  acknowledged  by  Congressional  acts  and  pro 
ceedings,  before  the  Articles  of  Confederation  went  into 
force — while  those  Articles  were  in  force — and  was  con 
firmed  by  an  explicit  declaration  inserted  in  the  Preamble 
to  the  Constitution  of  the  United  States. 

Thirdly.  That  only  the  sovereign  power  of  a  nation  is, 
primarily,  vested  with  authority  to  grant  political  powers 
and  to  concede  political  rights  to  subordinate  political 
organizations,  existing  within  the  limits  of  its  territorial 
jurisdiction. 

Fourthly.  That  all  grants  of  political  power  which 
have  been  made  to  the  National  Government  of  the 
United  States  of  America,  have  been  made  by  the 
authority  of  the  sovereign  power  of  the  nation. 

Fifthly.  That,  after  the  Declaration  of  Independence, 
and  before  the  Articles  of  Confederation  went  into  force, 


108  GOVERNMENT  OF  THE 

the  people  of  eacli  of  the  States  of  the  Union,  in  subordina 
tion  to  the  sovereign  authority  of  the  people  of  the  United 
States,  were  authorized  to  exercise  all  the  local  and  muni 
cipal  rights,  privileges,  and  franchises  which  they  claimed 
under  their  several  charters,  or  constitutions :  And,  that 
all  the  "  sovereignty,*  freedom,  and  independence,  and 
every  power,  jurisdiction,  and  right,"  retained  by  each 
State,  according  to  the  2d  Article  of  Confederation,  were 
so  retained  by  the  sovereign  authority  of  the  nation. 

Sixthly.  That,  in  the  Constitution  of  the  United  States, 
the  prohibitions  which  are  applicable  to  the  National 
Government,  as  well  as  those  which  are  applicable  to  the 
several  State  governments,  are  recorded  expressions  of  the 
will  of  the  sovereign  power  of  the  nation. 

Seventhly.  That,  by  the  authority  of  the  sovereign 
power  of  the  nation,  "the  powers  not  delegated  to  the 
United  States  by  the  Constitution,  nor  prohibited  by  it  to 
the  States,  are  reserved  to  the  States  respectively,  or  to 
the  people." 

III. 

Congress   not   Restricted    to    the  Exercise  of  Powers 
"Expressly"  Granted  by  the  Constitution. 

The  work  of  forming  the  Government  of  the  United 
States  of  America  was  not  finished  by  the  promulgation 
of  the  Declaration  of  Independence  and  the  adoption  of  a 
National  Constitution.  Those  memorable  productions 
contain  strongly  marked  outlines  of  a  grand  design. 
They  are  bold  and  clear  sketches  of  a  new  and  beneficent 
form  of  popular  government.  But,  the  question  of  form 
ing  specific  rules  for  the  administration  of  the  new 
Government,  involved  problems  which  baffled  even  the 
wisdom  and  patriotism  of  the  guardians  of  the  infancy  of 

*  Vide  CLap.  II,  Note  5.— Chap.  Ill,  Note  7. 


UNITED   STATES   OF  AMEEICA.  109 

the  nation.  It  was,  indeed,  impossible  for  the  framers  of 
the  Constitution  of  the  United  States  to  set  forth,  in  that 
great  charter,  specific  instructions  and  exact  restrictions, 
for  the  guidance  of  the  People's  Agent,  the  National 
Government,  in  its  dealings  with  the  various  known  and 
unknown  difficulties  and  dangers  which  the  new  nation 
would  Ibe  forced  to  meet  and  overcome,  in  its  progress 
toward  a  condition  of  freedom,  strength  and  prosperity. 
It  was  impossible  to  name,  define,  and  fix,  expressly, 
with  unquestionable  certainty,  the  nature  and  the  limits 
of  the  different  powers  which  it  was  necessary  and  proper 
to  delegate,  on  behalf  of  the  People  of  the  United  States, 
first  to  the  National  Government,  and  secondly  to  the 
several  State  governments,  in  order  to  enable  these 
authorities  to  "form  a  more  perfect  Union,  establish 
justice,  insure  domestic  tranquillity,  provide  for  the  com 
mon  defense,  promote  the  general  welfare,  and  secure  the 
blessings  of  liberty"  to  the  people  of  the  nation.  "It 
would  have  been,"  said  Chief  Justice  Marshall,  "an un 
wise  attempt  to  provide,  by  immutable  rules,  for  exigen 
cies  which,  if  forseen  at  all,  must  have  been  seen  dimly, 
and  which  can  be  best  provided  for  as  they  occur." — 
WTieaton's  Reports,  Vol.  IV,  p.  415. 

IV. 

Specific  Powers  and  General  Powers  Granted  to  Con 
gress. — State  Rights. 

In  ordaining  and  establishing  their  National  Consti 
tution,  the  People  of  the  United  States  delegated  specific 
powers  and  general  powers  to  their  National  Government, 
and  they  reserved  to  the  several  State  governments  many 
powers  which  are  called  State  Eights,  and  which  include 
the  exclusive  right  to  regulate  and  control  those  internal 
municipal  affairs  which  concern  only  a  State  directly  and 


110  GOVERNMENT  OF  THE 

immediately.  But,  neither  the  General  Government,  nor 
any  State  government,  is  vested  with  a  right  to  do  any 
act  that  will  destroy,  or  weaken,  the  influence  of  those 
general  principles  which  are  clearly  stated  in  the  first 
paragraph  of  the  Constitution. 

Y. 

Of  National  Authority  and  State  Authority. 

In  a  case  reported  in  5th  WJieaton  (p.  49,  and  Ap 
pendix,  p.  1G2),  the  Supreme  Court  of  the  United  States 
says  that  the  powers  granted  to  Congress  are  not  ex 
clusive  of  similar  powers  existing  in  the  States,  unless 
where  the  Constitution  has  expressly  in  terms  given  an 
exclusive  power  to  Congress,  or  the  exercise  of  a  like 
power  is  prohibited  to  the  States,  or  there  is  a  direct 
repugnancy  or  incompatibility  in  the  exercise  of  it  by  the 
State.  But  in  cases  of  concurrent  authority,  where  the 
laws  of  the  States  and  of  the  Union  are  in  direct  and 
manifest  collision  on  the  same  subject,  those  of  the  Union 
being  the  supreme  law  of  the  land,  are  of  paramount 
authority,  and  the  State  laws,  so  far,  and  so  far  only,  as 
such  incompatibility  exists,  must  necessarily  yield. 

VI. 
State  RigJits. 

The  rights  of  the  several  States  of  the  Union  remained, 
after  the  adoption  of  the  Constitution  of  the  United  States, 
what  they  were  before,  except  so  far  as  they  had  been 
abridged  by  that  instrument. — KenV  s  Comm.,  Vol.  I,  p. 
435  ;  4th  Wheaton,  p.  193.  The  phrase  "  State  Rights" 
is  in  harmony  with  the  Constitution,  which  grants,  or 
reserves,  to  the  States,  severally,  certain  rights  which  are 
specifically  mentioned,  and  other  rights,  by  fair  and 


UNITED   STATES   OF  AMEEICA.  Ill 

necessary  implication.  But,  for  the  protection  of  the 
rights  and  liberties  of  the  citizens,  individually,  and  to 
insure  for  each  State  in  the  Union,  a  republican  form  of 
government,  the  powers  of  the  States,  severally,  and  the 
powers  of  the  Congress  of  the  United  States,  are  limited 
by  the  prohibitions  which  are  now  clearly  set  forth  in  the 
national  Constitution,  and  by  those  which,  by  fair  impli 
cation,  it  contains.  For  example — 

Constitutional  Prohibitions. 

No  State  shall  form  a  Constitution,  or  make  laws, 
which  shall  be  in  conflict  with  the  Constitution  of  the 
United  States,  or  with  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof. 

No  State  shall  enter  into  any  Treaty,  Alliance,  or 
Confederation. 

No  State  shall  grant  Letters  of  Marque  and  Reprisal. 

No  State  shall  coin  Money. 

No  State  shall  emit  Bills  of  Credit. 

No  State  shall  make  any  thing  but  gold  and  silver 
coin  a  Tender  in  Payment  of  Debts. 

No  State  shall  pass  any  Bill  of  Attainder. 

No  State  shall  pass  any  ex  post  facto  Law. 

No  State  shall  pass  any  Law  impairing  the  Obligation 
of  Contracts. 

No  State  shall  grant  any  Title  of  Nobility. 

No  State  shall,  without  the  consent  of  Congress,  lay 
any  Duty  on  Tonnage. 

No  State  shall,  without  the  consent  of  Congress,  lay 
any  Imposts  or  Duties  on  Imports  or  Exports,  except 
what  may  be  absolutely  necessary  for  executing  its  in 
spection  Laws. 

No  State  shall,  without  the  consent  of  Congress,  keep 
Troops,  or  Ships  of  War,  in  time  of  Peace. 

No  State  shall,  without  the  consent  of  Congress,  enter 


112  GOVERNMENT  OF  THE 

into  any  Agreement  or  Compact  with  another  State,  or 
with  a  Foreign  Power. 

No  State  shall,  without  the  consent  of  Congress,  en 
gage  in  War,  unless  actually  invaded,  or  in  such  immi 
nent  Danger  as  will  not  admit  of  Delay. 

No  State  shall  deprive  any  person  of  Life,  Liberty,  or 
Property,  without  due  process  of  law. 

No  State  shall  deny  to  any  person  within  its  jurisdic 
tion  the  Equal  Protection  of  the  Laws. 

No  State  shall  assume  or  pay  any  Debt  or  Obligation 
incurred  in  aid  of  Insurrection  or  Eebellion  against  the 
United  States,  or  any  claim  for  the  Loss  or  Emancipation 
of  any  Slave. 

The  Constitution  of  the  United  States  contains  the 
following  specific  prohibitions,  viz.  : 

The  Taxes,  Duties,  Imposts,  and  Excises,  levied  by 
Congress,  shall  not  be  otherwise  than  uniform  throughout 
the  United  States. 

Congress  shall  not  pass  Naturalization  laws,  nor  laws 
on  the  subject  of  Bankruptcy,  unless  such  laws  shall  be 
uniform  throughout  the  United  States. 

No  appropriation  of  money,  by  Congress,  to  raise  and 
support  Armies,  shall  be  for  a  longer  term  than  two 
years. 

The  States,  severally,  shall  not  be  deprived  of  the  right 
of  appointing  officers  of  such  of  their  Militia  as  may  be 
engaged  in  the  service  of  the  United  States. 

The  privilege  of  the  AVrit  of  Habeas  Corpus  shall  not 
be  suspended,  unless  when  in  cases  of  Eebellion  or  Inva 
sion  the  public  safety  may  require  it. 

No  bill  of  Attainder  or  ex  post  facto  Law  shall  be 
passed. 

No  Capitation  or  other  direct  Tax  shall  be  laid,  un 
less  in  proportion  to  the  Census.  *  *  * 


UNITED   STATES   OF  AMEEICA.  113 

No  tax  or  duty  shall  Ibe  laid  on  Articles  exported  from 
any  State. 

No  preference  shall  Ibe  given  "by  any  Regulation  of 
Commerce  or  Revenue  to  the  Ports  of  one  State  over  those 
of  another :  nor  shall  vessels  "bound  to,  or  from,  one  State, 
Ibe  obliged  to  enter,  .clear,  or  pay  Duties  in  another. 

No  Money  shall  "be  drawn  from  the  Treasury  [of  the 
United  States]  but  in  consequence  of  appropriations  made 
by  Law. 

No  title  of  Nobility  shall  be  granted  by  the  United 
States. 

No  person  holding  any  Office  of  Profit  or  Trust  under 
the  United  States,  shall,  without  the  consent  of  Congress, 
accept  of  any  present,  emolument,  office,  or  title,  of  any 
kind  whatever,  from  any  King,  Prince,  or  foreign  State. 

No  Senator  or  Representative,  or  person  holding  an 
Office  of  Trust  or  Profit  under  the  United  States,  shall  be 
appointed  an  Elector  of  President  and  Vice-President  of 
the  United  States. 

No  person  except  a  natural  born  citizen,  or  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  the  Con 
stitution,  shall  be  eligible  to  the  office  of  President ; 
neither  shall  any  person  be  eligible  to  that  office  who 
shall  not  have  attained  to  the  age  of  thirty-five  years,  and 
been  fourteen  years  a  resident  within  the  United  States. 

The  compensation  of  the  President  of  the  United  States 
shall  neither  be  increased  nor  diminished  during  the  period 
for  which  he  shall  have  been  elected,  and  he  shall  not  re 
ceive  within  that  period  any  other  emolument  from  the 
United  States,  or  any  of  them. 

The  President  shall  not  grant  pardons  or  reprieves  for 
offences  against  the  United  States,  in  cases  of  Impeach 
ment. 

The  compensation  of  the  Judges,  both  of  the  Supreme 
and  inferior  Courts  of  the  United  States,  shall  not  be 
diminished  during  their  continuance  in  office. 


114  GOVEENMENT  OF  THE 

The  trial  of  all  Crimes,  except  in  cases  of  Impeachment, 
shall  be  by  Jury. 

No  person  shall  be  convicted  of  Treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on. 
confession  in  open  Court. 

No  Attainder  of  Treason  shall  work  corruption  of 
Blood  or  Forfeiture,  except  during  the  life  of  the  person 
attainted. 

No  new  State  shall  be  formed  or  erected  within  the 
jurisdiction  of  any  other  State  ;  nor  any  State  be  formed 
by  the  junction  of  two  or  more  States,  or  parts  of  States, 
without  the  consent  of  the  Legislatures  of  the  States  con 
cerned  as  well  as  of  the  Congress. 

Nothing  in  the  Constitution  of  the  United  States  shall 
be  so  construed  as  to  prejudice  any  claims  of  the  United 
States,  or  of  any  particular  State. 

No  religious  Test  shall  ever  be  required  as  a  Quali 
fication  to  any  Office  or  public  Trust  under  the  United 
States. 

No  person  shall  be  Representative  in  Congress  who 
shall  not  have  attained  to  the  age  of  twenty-five  years, 
and  been  seven  years  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  State 
in  which  he  shall  be  chosen. 

No  person  shall  be  a  Senator  in  Congress  who  shall 
not  have  attained  to  the  age  of  thirty  years,  and  been  nine 
years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  State  for  which  he 
shall  be  chosen. 

In  trials  of  Impeachment,  by  the  Senate  of  the  United 
States,  no  person  shall  be  convicted  without  the  concur 
rence  of  two-thirds  of  the  members  present. 

Judgments  in  cases  of  Impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualifica 
tion  to  hold  and  enjoy  any  office  of  honor,  trust  or  profit 
under  the  United  States :  but  the  party  convicted  shall 


UNITED  STATES   OF  AMEKICA.  115 

nevertheless  "be  liable  and  subject  to  Indictment,  Trial, 
Judgment,  and  Punishment,  according  to  Law. 

Neither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  the 
two  Houses  shall  "be  sitting. 

Senators  and  Kepresentatives,  for  any  speech  or  debate 
in  either  House  of  Congress,  shall  not  be  questioned  in 
any  other  place. 

No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  United  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased  during  such  time  ;  and  no  person  holding 
any  office  under  the  United  States,  shall  be  a  member  of 
either  House  during  his  continuance  in  office. 

Congress  shall  make  no  law  respecting  an  establish 
ment  of  Religion ; 

Congress  shall  make  no  law  prohibiting  the  free  exer 
cise  of  Religion ; 

Congress  shall  make  no  law  abridging  the  freedom  of 
Speech  or  of  the  Press ; 

Congress  shall  make  no  law  abridging  the  right  of  the 
people  peaceably  to  assemble,  and  to  petition  the  Govern 
ment  for  a  redress  of  grievances. 

The  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  warrant  shall 
issue,  but  upon  probable  cause,  supported  by  oath  or 


116  GOVERNMENT  OF  THE 

affirmation,  and  particularly  describing  the  place  to  be 
searched,  and  the  persons  or  things  to  be  seized. 

No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  Grand  Jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  Militia,  when  in  actual 
service  in  time  of  war,  or  public  danger. 

No  person,  for  the  same  offence,  shall  be  subject  to  be 
twice  put  in  jeopardy  of  life  or  limb. 

No  person  shall  be  compelled  in  any  criminal  case  to 
be  a  witness  against  himself. 

No  person  shall  be  deprived  of  life,  liberty,  or  pro 
perty,  without  due  process  of  law. 

No  private  property  shall  be  taken  for  public  use, 
without  just  compensation. 

In  suits  at  common  law,  where  the  value  in  contro 
versy  shall  exceed  twenty  dollars,  the  right  of  trial  by 
jury  shall  be  preserved,  and  no  fact  tried  by  a  jury  shall 
be  otherwise  re-examined  in  any  Court  of  the  United 
States,  than  according  to  the  rules  of  the  common  law. 

Excessive  bail  shall  not  be  required  ; 

Excessive  lines  shall  not  be  imposed  ; 

Cruel  and  unusual  punishments  shall  not  be  inflicted. 

The  enumeration  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  re 
tained  by  the  people. 

The  Judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  com 
menced  or  prosecuted  against  one  of  the  United  States  by 
citizens  of  another  State,  or  by  citizens  or  subjects  of  any 
Foreign  State. 

The  [Presidential]  Electors  shall  meet  in  their  respec 
tive  States,  and  vote  by  ballot  for  President  and  Vice- 
President,  one  of  whom,  at  least,  shall  not  be  an  inhabi 
tant  of  the  same  State  with  themselves. 

No  person  constitutionally  ineligible  to  the  office  of 


UNITED   STATES   OF  AMERICA.  117 

President,  shall  Ibe  eligible  to  that  of  Vice-President  of 
the  United  States. 

Neither  Slavery  nor  involuntary  servitude,  except  as  a 
punishment  for  crime,  whereof  the  party  shall  have  "been 
duly  convicted,  shall  exist  within  the  United  States,  or 
any  place  subject  to  their  jurisdiction. 

Certain  persons  who  have  engaged  in  insurrection  or 
rebellion  against  the  United  States,  or  have  given  aid  or 
comfort  to  the  enemies  thereof,  shall  be  ineligible  to  any 
office,  civil  or  military,  under  the  United  States,  or  under 
any  State.  But  Congress  may,  by  a  vote  of  two-thirds 
of  each  House,  remove  such  disability. 

The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment 
of  pensions  and  bounties  for  services  in  suppressing  in 
surrection  or  rebellion,  shall  not  be  questioned. 

Neither  the  United  States,  nor  any  State,  shall  assume 
or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrec 
tion  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave  ;  but  all  such 
debts,  obligations,  and  claims,  shall  be  held  illegal  and 
void. 

The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States,  or  by 
any  State,  on  account  of  race,  color,  or  previous  condition 
of  servitude. 


118  GOVERNMENT  OF  THE 


CHAPTER   XIII. 


i. 

Prohibitions    to   Prevent    the  Exercise   of  Arbitrary 

Power. 

THE  specific  Prohibitions  which  appear  in  the  Constitu 
tion  of  the  United  States  were  placed  in  it  to  prevent  the 
exercise  of  arbitrary  power,  either  by  the  authority  of  the 
General  Government,  or  by  that  of  any  State  government, 
over  the  freedom  of  religious  worship,  the  freedom  of 
speech,  the  freedom  of  the  Press,  or  over  any  of  those 
constitutional  rights  of  life,  liberty,  and  property,  to  which 
every  citizen  of  the  nation  has  a  just  claim.  "  Constitu 
tions  are  made  to  restrain  Governments.  Laws  are  made 
to  restrain  Persons." 

II. 

Patriotism  of  the  Defenders  of  the  Nation. 

The  great  civil  war  of  modern  times  having  resulted, 
not  only  in  the  failure  of  a  very  powerful  effort  to  dissolve 
the  Union,  but  in  the  destruction  of  that  system  of  human 
slavery  which  was  introduced  into  the  English  Colonies  in 
America  by  the  policy  of  the  British  government,  the 
friends  of  "  Liberty  and  Union,"  in  all  future  times,  ought 
to  remember  with  gratitude  the  patriotism,  courage,  and 
sufferings  of  the  soldiers  and  the  statesmen  who  carried 


UNITED  STATES  OF  AMEEICA.  119 

the  Nation  triumphantly  through  the  sanguinary  conflict 
that  it  was  forced  to  maintain  in  defense  of  the  freedom, 
sovereignty,  and  unity  of  the  people  of  the  United  States. 

III. 

Restoration  of  Harmony  among  the  Citizens  of  the 

Union. 

The  Government  of  the  United  States  has  passed 
through  the  period  of  danger  from  the  hostility  of  ex 
ternal  enemies ;  and,  henceforth,  the  People,  from  whom  it 
derives  its  strength,  look  for  a  wise,  beneficent,  and  con 
stitutional  exercise  of  its  great  powers.  In  pursuing  a 
wise  policy,  it  will,  Iby  the  use  of  all  proper  means,  pro 
mote,  between  the  steady  friends  of  the  Union  and  those 
who  were  its  enemies,  that  kind  of  reconciliation  which 
will  be  favorable  to  the  public  welfare,  and  to  a  restora 
tion  of  friendly  and  fraternal  personal  intercourse  among 
the  citizens  of  the  United  States. 


120  GOVERNMENT  OF  THE 


CHAPTER   XIV. 


i. 

GrowtJi  of  the  Region   West  of  tlie  Alleghany  Moun 
tains. 

THE  most  remarkable  results  wliicli  have  "been  pro 
duced  by  the  influence  of  the  general  principles  of  the 
Government  of  the  United  States  of  America,  appear  in 
those  numerous  and  wonderful  changes  and  improvements 
which  have  been  made,  since  the  year  1776,  within  the 
boundaries  of  the  national  territory  westward  of  the  Alle 
ghany  mountains.  History  does  not  contain  another  ex 
ample  of  a  national  growth  so  marvellous  in  a  period  so 
brief.  The  strength  and  the  patriotism  of  the  people  of 
this  vast  region  were  triumphantly  manifested  in  the  great 
war  for  the  preservation  of  the  Union. 

II. 

Western  Pioneers. 

The  names  of  the  early  settlers  of  the  regions  lying 
westward  of  the  Alleghany  mountains  show  that  those 
settlers  were  emigrants,  directly  or  remotely,  from  Eng 
land,  Ireland,  Scotland,  Germany,  Holland,  and  France. 
Different,  in  some  respects,  from  any  of  these,  and  different 


UNITED   STATES   OF  AMERICA.  121 

from  each  other,  were  the  emigrants  from  the  New  Eng 
land  States,  of  which  Massachusetts  was  the  type,  and 
the  emigrants  from  the  Southern  States,  of  which  Virginia 
was  the  type. 

Each  of  the  different  races  of  Western  Pioneers  could 
remember  with  pleasure  many  bright  pages  in  the  history 
of  the  nation,  or  State,  from  which  they  emigrated ;  and 
each  race  knew,  perhaps,  that  there  were,  imprinted  in  its 
history,  dark  pages  enough  to  restrain  a  disposition  to  in 
dulge  in  arrogant  claims  of  superiority  over  other  races. 
It  is  probable  that  the  people  of  every  Christian  nation 
would,  if  they  could,  blot  out  from  the  pages  of  History, 
and  from  the  memory  of  mankind,  the  records  and  the 
recollections  of  their  national  crimes,  and  leave,  for  the 
admiration  of  the  world,  only  the  memorials  of  the  Chris 
tian  virtues  of  their  ancestors,  and  of  their  triumphs  in  the 
works  of  science,  industry,  and  peace. 

The  people  who  emigrated  from  old  nations,  or  States, 
to  establish  new  communities  in  'a  vast  wilderness,  carried 
with  them,  not  only  their  religious  creeds,  their  political 
opinions,  their  various  manners  and  customs,  and  their 
knowledge  of  the  sciences  and  of  the  industrial  arts,  but 
also  the  popular  superstitions,  the  old  plays,  the  old 
stories  and  traditions,  and  the  old  songs  and  ballads  of 
the  nations  or  States  from  which  they  emigrated.  Conse 
quently,  legends,  and  stories,  and  songs,  and  old  ballads 
concerning  Robin  Hood,  and  Fairies,  and  Hobgoblins, 
and  Ghosts,  and  Banshees,  and  Wolterkens,  and  Witches, 
were  brought  from  France,  and  Germany,  and  Ireland, 
and  Scotland,  and  old  England,  and  New  England,  to  be 
repeated  at  every  pioneer  settlement  on  the  western  side 
of  the  Alleghany  mountains ;  and  mingled  with  Indian 
traditions  relating  to  the  existence  of  spirits,  good  and 
evil,  in  rocks,  caves,  lakes,  mountains,  and  springs. 


122  GOVERNMENT  OF  THE 

III. 

Commingling  of  Diverse  Races. 

A  writer  in  the  North  British  Review  says:  " Re 
markable  as  are  many  of  the  phenomena  presented  to  us 
in  the  New  World,  the  most  remarkable,  as  it  seems  to 
us,  is  the  extraordinary  commingling  of  diverse  races 
which  is  being  accomplished  on  its  soil.  Navigation  has 
now  so  bridged  the  ocean,  that  from  every  country  in 
Europe  settlers  have  reached  the  American  shores  ;  and 
Railways  have  so  facilitated  locomotion  by  land,  and  so 
quickened  the  movements  of  social  life,  that  these  diverse 
peoples  from  Europe  are  shaken  together  and  amalga 
mated  in  the  New  World,  till  the  original  distinctions 
disappear,  and  a  new  national  type  is  formed." 

IV. 

Immigrants. 

In  a  late  special  Report  of  the  Bureau  of  Statistics,  of 
the  Treasury  Department,  it  is  stated  that  seven  million 
five  hundred  and  fifty-three  thonsand  eight  hundred  and 
sixty-five  "alien  passengers  arrived  in  the  United  States 
during  the  fifty-one  years  ended  December  31,  1870." 
Of  this  number  of  persons, 

2,700,495  emigrated  from  Ireland. 
2,207,500  emigrated  from  Germany. 
516,192  emigrated  from  England. 
245,812  emigrated  from  France. 
153,928  emigrated  from  Sweden  and  Norway. 
109,502  emigrated  from  China. 

84,623  emigrated  from  Scotland. 

61,572  emigrated  from  Switzerland. 

31,118  emigrated  from  Holland. 

23,998  emigrated  from  Italy. 


UNITED  STATES   OF  AMERICA.  123 

23,425  emigrated  from  Denmark. 
23,214  emigrated  from  Spain. 
17,278  emigrated  from  Belgium. 
12,435  emigrated  from  Wales. 

Y. 

Forming  a  New  Nation. 

Some  theoretical  statesmen  say  that  there  are  irre 
movable  antipathies  existing  between  people  of  different 
races,  or  nations;  and  that,  " in  order  that  a  government 
may  be  successful  with  one  race,  it  must  be  suited  to  its 
peculiar  character ;  and,  when  suited  to  this  character  it 
is  unsuitable  to  all  others  which  differ  from  it." 

It  is  certainly  true  that  hard  and  uncharitable  conflicts 
of  opinion  cannot  be  avoided  in  the  progress  of  the  work 
of  forming  a  new  and  powerful  nation,  by  the  interming 
ling  of  peoples  differing  from  each  other  "in  language, 
in  character,  in  their  religious  sentiments,  in  their  moral 
and  intellectual  powers,  and  in  their  geographical  distri 
bution."  Nevertheless,  throughout  the  United  States  of 
America,  the  names  of  counties,  townships,  cities,  vil 
lages,  creeks,  post-offices,  mountains,  and  valleys — the 
names  of  the  officers  and  soldiers  of  our  Army  and  Navy 
— the  names  of  the  statesmen,  legislators,  and  jurists  of 
the  Union — and  the  names  of  distinguished  men  in  the 
various  religious  organizations  in  the  country — all  exhibit 
interesting  proof  of  the  gradual  commingling  of  peoples 
of  many  different  nations,  or  races,  under  the  Government 
of  the  United  States. 

YI. 

The  Strong  Supports  of  a  Great  Nation. 

A  great  Nation,  however,  cannot,  even  under  the 
Government  of  the  United  States,  be  established  on  solid 


124  GOVERNMENT  OF  THE 

and  lasting  foundations,  merely  by  the  political  inter 
mingling  of  peoples  of  different  races.     It  must,   con 
stantly,  "be  supported  and  made  strong  by  those  active 
moral   forces  which   flow  from   public  virtue,   popular 
education,  and  Christian  principles.     In  Syria,  different 
races  of  men  have  lived  under  almost  all  forms  of  govern 
ment—patriarchal,  monarchic,  aristocratic,  and  despotic 
—and,    for   many   years,    the    inhabitants    sinned    and 
suffered  in  that  miserable  state  of  unrestrained  liberty 
in  which  "  every  man  did  that  which  was  right  in  his 
own  eyes."  *     Jews,  Assyrians,   Persians,  Greeks,   Ro 
mans,  Arabs,  and  Turks,  intermingling  in  some  degree, 
have  successively  exercised    dominion    over    Syria,   for 
more  than  two  thousand  years.     Damascus,  the  oldest 
city  in  the  world,  is  still  standing  on  the  beautiful  plain 
where  it  stood  when  Eliezur,  the  steward  of  Abraham, 
dwelt  in  it.    The  name  of  Christian  was  first  used  at 
Antioch  ;  yet,  owing  to  the  perpetuation  of  popular  errors, 
and  the  repetition  of  national  vices  and  crimes,   from 
generation  to  generation,  for  so  many  centuries,  a  very 
large  majority  of  the  people  of  Syria,  without  Christian 
civilization,  are  still  suffering  under  the  grievous  burdens 
of  poverty,  ignorance,  and  despotism. 

Nations,  not  less  than  individuals,  ought  to  remember 
their  Creator  in  the  days  of  their  youth.  "If  they  obey 
and  serve  Him,  they  shall  spend  their  days  in  prosperity, 
and  their  years  in  pleasures  ;  but  if  they  obey  not,  they 
shall  perish  by  the  sword,  and  they  shall  die  without 
knowledge.  *  *  *  When  He  giveth  quietness,  who 
then  can  make  trouble  ?  And  when  He  hideth  his  face, 
who  then  can  behold  Him  ?  whether  it  be  done  against  a 
Nation,  or  against  a  man  only." 

*  Judges  xvii,  6. 


DECLARATION  OF  INDEPENDENCE. 


A  DECLARATION  BY  TEE  REPRESENTATIVES   OF  THE  UNITED   STATES  OF 
AMERICA,  IN  CONGRESS  ASSEMBLED. 

WHEN,  in  the  course  of  human  events,  it  becomes  necessary  for  one  people  to  dissolve 
the  political  bands  which  have  connected  them  with  another,  and  to  assume,  among  the 
powers  of  the  earth,  the  separate  and  equal  station  to  which  the  laws  of  nature  and  of 
nature's  God  entitle  them,  a  decent  respect  to  the  opinions  of  mankind  requires  that  they 
should  declare  the  causes  which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  created  equal ;  that  they  are  en 
dowed  by  their  Creator  with  certain  unalienable  rights  ;  that  among  these  are  life,  liberty, 
and  the  pursuit  of  happiness.  That,  to  secure  these  rights,«gpvernments_are_institut£d_ 
among  men,  deriving  their  just  powers  from  the  consent _pf  the  governed^  that,  whenever 
any  form  of  government  becomes  destructive  of  these  endsTTOsllie  right  of  the  people  to 
alter  or  to  abolish  it,  and  to  institute  a  new  government,  laying  its  foundation  on  such  prin 
ciples,  and  organizing  its  powers  in  such  form,  as  to  them  shall  seem  most  likely  to  effect 
their  safety  and  happiness.  Prudence,  indeed,  will  dictate  that  governments  long  estab 
lished,  should  not  be  changed  for  light  and  transient  causes ;  and,  accordingly,  all  experi 
ence  hath  shown,  that  mankind  are  more  disposed  to  suffer,  while  evils  are  eufferable,  than 
to  right  themselves  by  abolishing  the  forms  to  which  they  are  accustomed.  But,  when  a 
long  train  of  abuses  and  usurpations,  pursuing  invariably  the  game  object,  evinces  a  design 
to  reduce  them  under  absolute  despotism,  it  is  their  right,  it  is  their  duty,  to  throw  off  such 
government,  and  to  provide  new  guards  for  their  future  security.  Such  has  been  the  patient 
sufferance  of  these  colonies,  and  such  is  now  the  necessity  which  constrains  them  to  alter 
their  former  systems  of  government.  The  history  of  the  present  king  of  Great  Britain  is  a 
history  of  repeated  injuries  and  usurpations,  all  having,  in  direct  object,  the  establishment 
of  an  absolute  tyranny  over  these  States.  To  prove  this,  let  facts  be  submitted  to  a  candid 
world : 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  necessary  for  the  public 
good. 

He  has  forbidden  his  Governors  to  pass  laws  of  immediate  and  pressing  importance,  iin- 
less  suspended  in  their  operation  till  his  assent  should  be  obtained ;  and,  when  so  sus 
pended,  he  has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of  large  districts  of  people,  un 
less  those  people  would  relinquish  the  right  of  representation  in  the  legislature ;  a  right  ines 
timable  to  them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  uncomfortable,  and  distant 
from  the  depository  of  their  public  records,  for  the  sole  purpose  of  fatiguing  them  into  com 
pliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for  opposing,  with  manly  firmness, 
his  invasions  on  the  rights  of  the  people. 

lie  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause  others  to  be  elected ; 
whereby  the  legislative  powers,  incapable  of  annihilation,  have  returned  to  the  people 
large  for  their  exercise  ;  the  State  remaining,  in  the  mean  time,  exposed  to  all  the  dange 
of  invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States ;  for  that  purpose,  obstruct 
ing  the  laws  for  naturalization  of  foreigners ;  refusing  to  pass  others  to  encourage  their 
migration  hither,  and  raising  the  conditions  of  new  appropriations  of  lands. 


126  DECLARATION  OF  INDEPENDENCE. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his  assent  to  laws  for  estab 
lishing  judiciary  powers. 

lie  has  made  judges  dependent  on  his  will  alone  for  the  tenure  of  their  offices,  and  the 
amount  and  payment  of  their  salaries. 

lie  has  erected  a  multitude  of  new  offices,  and  eent  hither  swarms  of  officers  to  harass 
our  people,  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  without  the  consent  of  our 
legislature. 

He  has  affected  to  render  the  military  independent  of,  and  superior  to,  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  jurisdiction  foreign  to  our  constitution, 
and  unacknowledged  by  our  laws ;  giving  his  assent  to  their  acts  of  pretended  legislation : 

For  quartering  large  bodies  of  armed  troops  among  us : 

For  protecting  them,  by  a  mock  trial,  from  punishment  for  any  murders  which  they 
should  commit  on  the  inhabitants  of  these  States : 

For  cutting  off  our  trade  with  all  parts  of  the  world : 

For  imposing  taxes  on  us  without  our  consent : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury : 

For  transporting  us  beyond  seas  to  be  tried  for  pretended  offences: 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring  province,  establishing 
therein  an  arbitrary  government,  and  enlarging  its  boundaries,  so  as  to  render  it  at  once  an 
example  and  fit  instrument  for  introducing  the  same  absolute  rule  into  these  colonies : 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws,  and  altering,  funda 
mentally,  the  powers  of  our  governments : 

For  suspending  our  own  legislatures,  and  declaring  themselves  invested  with  power  to 
legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here  by  declaring  us  out  of  his  protection,  and  waging  war 
against  us. 

He  has  plundered  our  eeas,  ravaged  our  coasts.,  burnt  our  towns,  and  destroyed  the  lives 
of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign  mercenaries  to  complete  the  works 
of  death,  desolation,  and  tyranny  already  begun,  with  circumstances  of  cruelty  and  perfidy 
scarcely  paralleled  in  the  most  barbarous  ages,  and  totally  unworthy  the  head  of  a  civilized 
nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high  peas,  to  bear  arms 
against  their  country,  to  become  the  executioners  of  their  friends  and  brethren,  or  to  fall 
themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  endeavored  to  bring  on  the 
inhabitants  of  our  frontiers  the  merciless  Indian  savages,  whose  known  rule  of  warfare  is 
an  undistinguished  destruction  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have  petitioned  for  redress  in  the  most  humble 
terms ;  our  repeated  petitions  have  been  answered  only  by  repeated  injury.  A  prince,  whose 
character  is  thus  marked  by  every  act  which  may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a 
free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren.  We  have  warned  them, 
from  time  to  time,  of  attempts  made  by  their  legislature  to  extend  an  unwarrantable  juris 
diction  over  us.  We  have  reminded  them  of  the  circumstances  of  our  emigration  and  settle 
ment  here.  We  have  appealed  to  their  native  justice  and  magnanimity,  and  we  have  con 
jured  them,  by  the  ties  of  our  common  kindred,  to  disavow  these  usurpations,  which  would 
inevitably  interrupt  our  connections  and  correspondence.  They,  too,  have  been  deaf  to  the 
voice  of  justice  and  consanguinity.  We  must,  therefore,  acquiesce  in  the  necessity  which 
denounces  our  separation,  and  hold  them,  as  we  hold  the  rest  of  mankind,  enemies  in  war, 
in  peace,  friends. 

We,  therefore,  the  representatives  of  the  United  States  of  America  in  General  Congress 
assembled,  appealing  to  the  Supreme  Judge  of  the  World  for  the  rectitude  of  our  intentions, 
do,  in  the  name  and  by  the  authority  of  the  good  people  of  these  colonies,  solemnly  publish 
and  declare,  That  these  United  Colonies  are,  and  of  right  ought  to  be,  Free  and  Independent 
States ;  that  they  are  absolved  from  all  allegiance  to  the  British  crown,  and  that  all  political 
connection  between  them  and  the  state  of  Great  Britain,  is,  and  ought  to  be,  totally  dis 
solved  ;  and  that,  as  Free  and  Independent  States,  they  have  full  power  to  levy  war,  con 
clude  peace,  contract  alliances,  establish  commerce,  and  to  do  all  other  acts  and  things 
which  Independent  States  may  of  right  do.  And,  for  the  support  of  this  declaration,  with  a 
firm  reliance  on  the  protection  of  Divine  Providence,  we  mutually  pledge  to  each  other  our 
lives,  our  fortunes,  and  our  sacred  honor. 


DECLARATION  OF  INDEPENDENCE. 


127 


The  foregoing  declaration  was,  by  order  of  Congress,  engrossed,  and  signed  by  the  follow 
ing  members : 

JOHN  HANCOCK. 


New  HampsJiire. 
Josiah  Bartlett, 
William  Whipple, 
Matthew  Thornton. 

Ehode  Island. 
Stephen  Hopkins, 
William  Ellery. 

Connecticut. 
Roger  Sherman, 
Samuel  Huntington, 
William  Williams, 
Oliver  Wolcott. 

New  York. 
William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 

New  Jersey. 
Richard  Stockton, 
John  Witherspoon, 
Francis  Hopkinson, 
John  Hart, 
Abraham  Clark. 


Pennsylvania. 
Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 
James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 

Massachusetts  Bay. 
Samuel  Adams, 
John  Adams, 
Robert  Treat  Paine, 
Elbridge  Gerry. 

Delaware. 
Ccesar  Rodney, 
George  Read, 
Thomas  M'Kean. 

Maryland. 
Samuel  Chase, 
William  Paca, 
Thomas  Stone, 


Charles  Carroll,  of  CarroUton. 

Virginia. 
George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 
Thomas  Nelson,  jun., 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North  Carolina. 
William  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina. 
Edward  Rutledge, 
Thomas  Heyward,  jun., 
Thomas  Lynch,  jun., 
Arthur  Middleton. 

Georgia. 

Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


ARTICLES  OF  CONFEDERATION. 


To  all  to  whom  these  presents  shall  come,  \vc  the  undersigned  delegates  of  the  States  affixed 
to  our  names,  send  greeting.— Whereas  the  Delegates  of  the  United  States  of  America 
in  Congress  assembled  did  on  the  15th  clay  of  November  in  the  Year  of  our  Lord  1777,  and 
in  the  Second  Year  of  the  Independence  of  America  agree  to  certain  articles  of  Confed 
eration  and  perpetual  Union  between  the  States  of  New  Hampshire,  Massachusetts-bay, 
Rhode-island  and  Providence  Plantations,  Connecticut,  New-York,  New-Jersey,  Penn. 
pylvania,  Delaware,  Maryland,  Virginia,  North-Carolina,  South-Carolina,  and  Georgia, 
iu  the  words  following,  viz. : 

"ARTICLES  OF  CONFEDERATION  AND  PERPETUAL  UNION  BETWEEN  THE  STATES  OF  NEW- 
nAMPSHlRE,  MASSACHUSETTS-BAY,  RHODE-ISLAND  AND  PROVIDENCE  PLANTATIONS,  CON 
NECTICUT,  NEW-YORK,  NEW-JERSEY,  PENNSYLVANIA,  DELAWARE,  MARYLAND,  VIRGINIA, 

NORTH-CAROLINA,   SOUTH -CAROLINA,  AND  GEORGIA. 

ARTICLE  I.  The  Stile  of  this  confederacy  shall  be  "  The  United  States  of  America." 
ARTICLE  II.  Each  state  retains  its  sovereignty,  freedom  and  independence,  and  every 

Power,  Jurisdiction  and  right,  which  is  not  by  this  confederation  expressly  delegated  to  the 

United  States,  in  congress  assembled. 

ARTICLE  III.  The  said  states  hereby  severally  enter  into  a  firm  league  of  friendship 
with  each  other,  for  their  common  defence,  the  security  of  their  Liberties,  and  their  mutual 
and  general  welfare,  binding  themselves  to  assist  each  other,  against  all  force  offered  to,  or 
attacks  made  upon  them,  or  any  of  them,  on  account  of  religion,  sovereignty,  trade,  or  any 
other  pretence  whatever. 

ARTICLE  IV.  The  better  to  secure  and  perpetuate  mutual  friendship  and  intercourse 
among  the  people  of  the  different  states  in  this  union,  the  free  inhabitants  of  each  of  these 
(••tales,  paupers,  vagabonds,  and  fugitives  from  Justice  excepted,  shall  be  entitled  to  all  priv 
ileges  and  immunities  of  free  citizens  in  the  several  States;  and  the  people  of  each  state 
shall  have  free  ingress  and  regress  to  and  from  any  other  state,  and  shall  enjoy  therein  all 
the  privileges  of  trade  and  commerce,  subject  to  the  same  duties,  impositions  and  restric 
tions  as  the  inhabitants  thereof  respectively,  provided  that  such  restriction  shall  not  extend 
BO  far  as  to  prevent  the  removal  of  property  imported  into  any  state,  to  any  other  state  of 
which  the  Owner  is  an  inhabitant;  provided  also  that  no  imposition,  duties  or  restriction 
shall  be  laid  by  any  state,  on  the  property  of  the  United  States,  or  either  of  them. 

If  any  person  guilty  of,  or  charged  with  treason,  felony,  or  other  high  misdemeanor  in 
any  state,  shall  flee  from  Justice,  and  be  found  in  any  of  the  United  States,  he  shall  upon 
demand  of  the  Governor  or  executive  power,  of  the  state  from  which  he  fled,  be  delivered 
up  and  removed  to  the  state  having  jurisdiction  of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these  states  to  the  records,  acts,  and  judi 
cial  proceedings  of  the  courts  and  magistrates  of  every  other  state. 

ARTICLE  V.  For  the  more  convenient  management  of  the  general  interest  of  the  United 
States,  delegates  shall  be  annually  appointed  in  such  manner  as  the  legislature  of  each  state 
shall  direct,  to  meet  in  congress  on  the  first  Monday  in  November,  in  every  year,  with  a 
power  reserved  to  each  state,  to  recal  its  delegates,  or  any  of  them,  at  any  time  within  the 
year,  and  to  send  others  in  their  stead,  for  the  remainder  of  the  Year. 

No  state  shall  be  represented  in  congress  by  less  than  two,  nor  by  more  than  seven 
members ;  and  no  person  thall  be  capable  of  being  a  delegate  for  more  than  three  years  in 
any  term  of  six  years ;  nor  shall  any  person,  being  a  delec^te,  be  capable  of  holding  any 
office  under  the  United  States,  for  which  he,  or  another  for  his  benefit  receives  any  salary, 
fees  or  emolument  of  any  kind. 


AKTICLES     OF     CONFEDERATION.  129 

Each  state  shall  maintain  its  own  delegates  in  any  meeting  of  the  states,  and  while  they 
act  as  members  of  the  committee  of  the  states. 

In  determining  questions  in  the  United  States,  in  congress  assembled,  each  stato  shall 
have  one  vote. 

Freedom  of  speech  and  debate  in  congress  shall  not  be  impeached  or  questioned  in  any 
Court,  or  place  out  of  congress,  and  the  members  of  congress  shall  be  protected  in  their  per 
sons  from  arrests  and  imprisonments,  during  the  time  of  their  going  to  and  from,  and  atten 
dance  on  congress,  except  for  treason,  felony,  or  breach  of  the  peace. 

ARTICLE  VI.  No  state  without  the  Consent  of  the  United  States  in  congress  assembled, 
shall  send  any  embassy  to,  or  receive  any  embassy  from,  or  enter  into  any  conference,  agree 
ment,  alliance  or  treaty  with  any  King,  prince  or  state  ;  nor  shall  any  person  holding  any 
office  of  profit  or  trust  under  the  United  States,  or  any  of  them,  accept  of  any  present,  emol 
ument,  office  or  title  of  any  kind  whatever  from  any  king,  prince  or  foreign  state ;  nor  shall 
the  United  States  in  congress  assembled,  or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  states  shall  enter  into  any  treaty,  confederation  or  alliance  whatever 
between  them,  without  the  consent  of  the  United  States  in  congress  assembled,  specifying 
accurately  the  purposes  for  which  the  same  is  to  be  entered  into,  and  how  long  it  shall 
continue. 

No  state  shall  lay  any  imposts  or  duties,  which  may  interfere  with  any  stipulations  in 
treaties,  entered  into  by  the  United  States  in  congress  assembled,  with  any  king,  prince  or 
state,  in  pursuance  of  any  treaties  already  proposed  by  congress,  to  the  courts  of  France 
and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any  state,  except  such  number 
only,  as  shall  be  deemed  necessary  by  the  United  States  in  congress  assembled,  for  the 
defence  of  such  state,  or  its  trade ;  nor  shall  any  body  of  forces  be  kept  up  by  any  state,  in 
time  of  peace,  except  such  number  only,  as  in  the  judgment  of  the  United  States,  in  con 
gress  assembled,  shall  be  deemed  requisite  to  garrison  the  forts  necessary  for  the  defence  of 
such  state ;  but  every  state  shall  always  keep  up  a  -well  regulated  and  disciplined  militia, 
sufficiently  armed  and  accoutred,  and  shall  provide  and  have  constantly  ready  for  use,  in 
public  stores,  a  due  number  of  field  pieces  and  tents,  and  a  proper  quantity  of  arms,  ammu 
nition  and  camp  equipage. 

No  state  shall  engage  in  any  war  without  the  consent  of  the  United  States  in  congress 
assembled,  unless  such  state  be  actually  invaded  by  enemies,  or  shall  have  received  certain 
advice  of  a  resolution  being  formed  by  some  nation  of  Indians  to  invade  such  state,  and  the 
danger  is  so  imminent  as  not  to  admit  of  a  delay,  till  the  United  States  in  Congress  assem 
bled  can  be  consulted ;  nor  shall  any  state  grant  commissions  to  any  ships  or  vessels  of  war, 
nor  letters  of  marque  or  reprisal,  except  it  be  after  a  declaration  of  war  by  the  United  States 
in  congress  assembled,  and  then  only 'against  the  kingdom  or  state  and  the  subjects  thereof, 
against  which  war  has  been  so  declared,  and  under  such  regulations  as  shall  be  established 
by  the  United  States  in  congress  assembled,  unless  such  state  be  infested  by  pirates,  in 
which  case  vessels  of  war  may  be  fitted  out  for  that  occasion,  and  kept  so  long  as  the  danger 
shall  continue,  or  until  the  United  States  in  congress  assembled  shall  determine  otherwise. 

ARTICLE  VII.  When  land-forces  are  raised  by  any  state  for  the  common  defence,  all 
officers  of  or  under  the  rank  of  colonel,  shall  be  appointed  by  the  legislature  of  each  state 
respectively  by  whom  such  forces  shall  be  raised,  or  in  such  manner  as  such  state  shall 
direct,  and  all  vacancies  shall  be  filled  up  by  the  state  which  first  made  the  appointment. 

ARTICLE  VIII.  All  charges  of  war,  and  all  other  expenses  that  shall  be  incurred  for  the 
common  defence  or  general  welfare,  and  allowed  by  the  United  States  in  congress  assem 
bled,  shall  be  defrayed  out  of  a  common  treasury,  which  shall  be  supplied  by  the  several 
states,  in  proportion  to  the  value  of  all  land  within  each  state,  granted  to  or  surveyed  for 
any  Person,  as  such  land  and  the  buildings  and  improvements  thereon  shall  be  estimated 
according  to  such  mode  as  the  United  States  in  congress  assembled,  shall  from  time  to  time, 
direct  and  appoint.  The  taxes  for  paying  that  proportion  shall  be  laid  and  levied  by  the 
authority  and  direction  of  the  legislatures  of  the  several  states  within  the  time  agreed  upon 
by  the  United  States  in  congress  assembled. 

ARTICLE  IX.  The  United  States  in  congress  assembled,  shall  have  the  sole  and  exclu 
sive  right  and  power  of  determining  on  peace  and  war,  except  in  the  cases  mentioned  in  th 
6th  article— of  sending  and  receiving  ambassadors—entering  into  treaties  and  alliances,  pro 
vided  that  no  treaty  of  commerce  shall  be  made  whereby  the  legislative  power  of  the  resp 
tive  states  shall  be  restrained  from  imposing  such  imposts  and  duties  on  foreigners,  as  tl 
own  people  are  subjected  to,  or  from  prohibiting  the  exportation  or  importation  of  any  specie 
of  goods  or  commodities  whatsoever— of  establishing  rules  for  deciding  in  all  cases,  what  cap- 


130  ARTICLES     OF     CONFEDERATION. 

turcs  on  land  or  water  shall  be  legal,  and  in  what  manner  prizes  taken  by  land  or  naval 
forces  in  the  service  of  the  United  States  shall  be  divided  or  appropriated— of  granting  letters 
of  marque  and  reprisal  in  times  of  peace — appointing  courts  for  the  trial  of  piracies  and  fel 
onies  committed  on  the  high  seas  and  establishing  courts  for  receiving  and  determining 
finally  appeals  in  all  cases  of  captures,  provided  that  no  member  of  congress  shall  be 
appointed  a  judge  of  any  of  the  said  courts. 

The  United  States  in  congress  assembled  shall  also  be  the  last  resort  on  appeal  in  all  dis 
putes  and  differences  now  subsisting  or  that  hereafter  may  arise  between  two  or  more  states 
concerning  boundary,  jurisdiction  or  any  other  cause  whatever ;  which  authority  shall  always 
be  exercised  in  the  manner  following.  Whenever  the  legislative  or  executive  authority  or 
lawful  agent  of  any  state  in  controversy  with  another  shall  present  a  petition  to  congress, 
stating  the  matter  in  question  and  praying  for  a  hearing,  notice  thereof  shall  be  given  by 
order  of  congress  to  the  legislative  or  executive  authority  of  the  other  state  in  controversy, 
and  a  day  assigned  for  the  appearance  of  the  parties  by  their  lawful  agents,  who  shall  then 
be  directed  to  appoint  by  joint  consent,  commissioners  or  judges  to  constitute  a  court  for 
hearing  and  determining  the  matter  in  question ;  but  if  they  cannot  agree,  congress  shall 
name  three  persons  out  of  each  of  the  United  States,  and  from  the  list  of  such  persons  cacli 
party  shall  alternately  strike  out  one,  the  petitioners  beginning,  until  the  number  shall  be 
reduced  to  thirteen ;  and  from  that  number  not  less  than  seven,  nor  more  than  nine  names 
as  congress  shall  direct,  shall  in  the  presence  of  congress  be  drawn  out  by  lot,  and  the  per 
sons  whose  names  shall  be  so  drawn  or  any  five  of  them,  shall  be  commissioners  or  judges, 
to  hear  and  finally  determine  the  controversy,  so  always  as  a  major  part  of  the  judges  who 
shall  hear  the  cause  shall  agree  in  the  determination :  and  if  either  party  shall  neglect  to 
attend  at  the  day  appointed,  without  showing  reasons,  which  congress  shall  judge  sufficient, 
or  being  present  shall  refuse  to  strike,  the  congress  shall  proceed  to  nominate  three  persons 
out  of  each  state,  and  the  secretary  of  congress  shall  strike  in  behalf  of  such  party  absent  or 
refusing ;  and  the  judgment  and  sentence  of  the  court  to  be  appointed,  in  the  manner  before 
prescribed,  shall  be  final  and  conclusive ;  and  if  any  of  the  parties  shall  refuse  to  submit  to 
the  authority  of  such  court,  or  to  appear  or  defend  their  claim  or  cause,  the  court  shall 
nevertheless  proceed  to  pronounce  sentence,  or  judgment,  which  shall  in  like  manner  be 
final  and  decisive,  the  judgment  or  sentence  and  other  proceedings  being  in  either  case 
transmitted  to  congress,  and  lodged  among  the  acts  of  congress  for  the  security  of  tho 
parties  concerned  :  provided  that  every  commissioner,  before  he  eits  in  judgment,  shall  take 
an  oath  to  be  administered  by  one  of  the  judges  of  the  supreme  or  superior  court  of  the  state, 
where  the  cause  shall  be  tried,  "well  and  truly  to  hear  and  determine  the  matter  in  question, 
according  to  the  best  of  his  judgment,  without  favour,  affection  or  hope  of  reward:'1  pro 
vided  also  that  no  state  shall  be  deprived  of  territory  for  the  benefit  of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil  claimed  under  different  grants  cf 
two  or  more  states,  whose  jurisdictions  as  they  may  respect  such  lands,  and  the  states  which 
passed  such  grants  are  adjusted,  the  said  grants  or  either  of  them  being  at  the  same  time 
claimed  to  have  originated  antecedent  to  such  settlement  of  jurisdiction,  shall  on  the  petition 
of  either  party  to  the  congress  of  the  United  States,  be  finally  determined  aa  near  as  may  be 
in  the  same  manner  as  is  before  prescribed  for  deciding  disputes  respecting  territorial  juris 
diction  between  different  states. 

The  United  States  in  congress  assembled  shall  also  have  the  sole  and  exclusive  right 
and  power  of  regulating  the  alloy  and  value  of  coin  struck  by  their  own  authority,  or  by  that 
of  the  respective  states— fixing  the  standard  of  weights  and  measures  throughout  the  United 
States— regulating  the  trade  and  managing  all  affairs  with  the  Indians,  not  members  of  any 
of  the  states,  provided  that  the  legislative  right  of  any  state  within  its  own  limits  be  not  in 
fringed  or  violated— establishing  or  regulating  post-offices  from  one  state  to  another, 
throughout  all  the  United  States,  and  exacting  such  postage  on  the  papers  passing  thro'  the 
same  as  may  be  requisite  to  defray  the  expenses  of  the  said  office— appointing  all  officers  of 
the  land  forces,  in  the  service  of  the  United  States,  excepting  regimental  officers— appoint 
ing  all  the  officers  of  the  naval  forces,  and  commissioning  all  officers  whatever  in  the  service 
of  the  United  States— making  rules  for  the  government  and  regulation  of  the  said  land  and 
naval  forces,  and  directing  thAr  operations. 

The  United  States  in  congress  assembled  shall  have  authority  to  appoint  a  committee,  to 
sit  in  the  recess  of  congress,  to  be  denominated  "  A  Committee  of  the  State?,''  and  to  con 
sist  of  one  delegate  from  each  state ;  and  to  appoint  such  other  committees  and  civil  officers 
as  may  be  necessary  for  managing  the  general  affairs  of  the  United  States  under  their  direc 
tion—to  appoint  one  of  their  number  to  preside,  provided  that  no  person  be  allowed  to 
serve  in  the  office  of  president  more  than  one  year  in  any  term  of  three  years ;  to  ascertain 
the  necessary  sums  of  Money  to  be  raised  for  the  service  of  the  United  States,  and  to  appro 
priate  and  apply  the  eame  for  defraying  the  public  expenses— to  borrow  money,  or  emit  bills 


ARTICLES     OF     CONFEDERATION.  131 

on  the  credit  of  the  United  States,  transmitting  every  half  year  to  the  respective  states  an 
account  of  tho  sums  of  money  so  borrowed  or  emitted,— to  build  and  equip  a  navy— to  agree 
upon  the  number  of  land  forces,  and  to  make  requisitions  from  each  state  for  its  quota,  in 
proportion  to  the  number  of  white  inhabitants  in  such  state ;  which  requisition  shall  be 
binding,  and  thereupon  the  legislature  of  each  state  shall  appoint  the  regimental  officers, 
raise  the  men  and  cloath,  arm  and  equip  them  in  a  soldier  like  manner,  at  the  expense  of 
the  United  States ;  and  the  officers  and  men  so  cloathed,  armed  and  equipped  shall  march  to 
the  place  appointed,  and  within  the  time  agreed  on  by  the  United  States  in  congress  assem 
bled:  But  if  the  United  States  in  congress  assembled  shall,  on  consideration  of  circum 
stances  judge  proper  that  any  state  should  not  raise  men,  or  should  raise  a  smaller  number 
than  its  quota,  and  that  any  other  state  should  raise  a  greater  number  of  men  than  the  quota 
thereof,  such  extra  number  shall  be  raised,  officered,  cloathed,  armed  and  equipped  in  the 
same  manner  as  the  quota  of  such  state,  unless  the  legislature  of  such  state  shall  judge  that 
such  extra  number  cannot  be  safely  spared  out  of  the  same,  in  which  case  they  shall  raise, 
officer,  cloath,  arm  and  equip  as  many  of  such  extra  number  as  they  judge  can  be  safely 
spared.  And  the  officers  and  men  so  cloathed,  armed  and  equipped,  shall  march  to  the 
place  appointed,  and  within  the  time  agreed  on  by  the  United  States  in  congress  assembled. 

The  United  States  in  congress  assembled  shall  never  engage  in  a  war,  nor  grant  letters  of 
marque  and  reprisal  in  time  of  peace,  nor  enter  into  any  treaties  or  alliances,  nor  coin 
money,  nor  regulate  the  value  thereof,  nor  ascertain  the  sums  and  expenses  necessary  for 
the  defence  and  welfare  of  the  United  States,  or  any  of  them,  nor  emit  bills,  nor  borrow 
money  on  the  credit  of  the  United  States,  nor  appropriate  money,  nor  agree  upon  the  number 
of  vessels  of  wrar,  to  be  built  or  purchased,  or  the  nnmbcr  of  land  or  sea  forces  to  be  raised, 
nor  appoint  a  commander  in  chief  of  the  army  or  navy,  unless  nine  states  assent  to  the 
same :  nor  shall  a  question  on  any  other  point,  except  for  adjourning  from  day  to  day  be  de 
termined,  unless  by  the  votes  of  a  majority  of  the  United  States  in  congress  assembled. 

The  congress  of  the  United  States  shall  have  power  to  adjourn  to  any  time  within  the 
year,  and  to  any  place  within  the  United  States,  so  that  no  period  of  adjournment  be  for  a 
longer  duration  than  the  space  of  six  months,  and  shall  publish  the  Journal  of  their  pro 
ceedings  monthly,  except  such  parts  thereof  relating  to  treaties,  alliances  or  military  opera 
tions,  as  in  their  judgment  require  secrecy;  and  the  yeas  and  nays  of  the  delegates  of  each 
elate  en  any  question  slio.ll  be  entered  on  the  Journal,  when  it  is  desired  by  any  delegate ; 
and  the  delegates  of  a  state,  or  any  of  them,  at  his  or  their  request  shall  be  furnished  with  a 
transcript  of  the  said  Journal,  except  such  parts  as  are  above  excepted,  to  lay  before  the 
legislatures  of  the  several  states. 

ARTICLE  X.  The  committee  of  the  states,  or  any  nine  of  them,  shall  be  authorized  to 
execute,  in  the  recess  of  congress,  such  of  the  powers  of  congress  as  the  United  States  in 
congress  assembled,  by  the  consent  of  nine  states,  shall  from  time  to  time  think  expedient 
to  vest  them  with ;  provided  that  no  power  be  delegated  to  the  said  committee,  for  the  exer 
cise  of  which,  by  the  articles  of  confederation,  the  voice  of  nine  states  in  the  congress  of  the 
United  States  assembled  is  requisite. 

ARTICLE  XI.  Canada  acceding  to  this  confederation,  and  joining  in  the  measures  of 
the  United  States,  shall  be  admitted  into,  and  entitled  to  all  the  advantages  of  this  union : 
but  no  other  colony  shall  be  admitted  into  the  same,  unless  such  admission  be  agreed  to  by 
i-ine  states. 

ARTICLE  XII.  All  bills  of  credit  emitted,  monies  borrowed  and  debts  contracted  by,  or 
under  the  authority  of  congress,  before  the  assembling  of  the  United  States,  in  pursuance  of 
the  present  confederation,  shall  be  deemed  and  considered  as  a  charge  against  the  United 
States,  for  payment  and  satisfaction  whereof  the  said  United  States,  and  the  public  faith  are 
hereby  solemnly  pledged. 

ARTICLE  XIII.  Every  state  shall  abide  by  the  determinations  of  the  United  States  in 
congress  assembled,  on  all  questions  which  by  this  confederation  is  submitted  to  them. 
And  the  Articles  of  this  confederation  shall  be  inviolably  observed  by  every  state,  and  the 
union  shall  be  perpetual ;  nor  shall  any  alteration  at  any  time  hereafter  be  made  in  any  of 
them ;  unless  such  alteration  be  agreed  to  in  a  congress  of  the  United  States,  and  be  after 
wards  confirmed  by  the  legislatures  of  every  state. 

And  Wliereas  it  hath  pleased  the  Great  Governor  of  the  World  to  incline  the  hearts  of  the 
legislatures  we  respectively  represent  in  congress,  to  approve  of,  and  to  authorize  us  to 
ratify  the  said  articles  of  confederation  and  perpetual  union.  Know  Ye  that  we  the  under 
signed  delegates,  by  virtue  of  the  power  and  authority  to  us  given  for  that  purpose,  do  by 
these  presents,  in  the  name  and  in  behalf  of  our  respective  constituents,  fully  and  entirely 


132 


ARTICLES     OF     CONFEDERATION, 


ratify  and  confirm  each  and  every  of  the  said  articles  of  confederation  and  perpetual  union, 
and  all  and  singular  the  matters  and  things  therein  contained:  And  we  do  further  solemnly 
Dli"ht  and  engage  the  faith  of  our  respective  constituents,  that  they  shall  abide  by  the  deter 
minations  of  the  United  States  in  congress  assembled,  on  all  question*,  which  by  tl 
confederation  are  submitted  to  them.     And  that  the  article,  thereof  shall  be  inviolably 
observed  by  the  states  we  respectively  represent,  and  that  the  union  shall  be  perpetual.    In 
witness  whereof  we  have  hereunto  net  our  hands  in  Congress.    Done  at  Philadelphia  m  tl: 
state  of  Pennsylvania  the  9th  Day  of  July  in  the  year  of  our  Lord,  1778,  and  in  th 
the  Independence  of  America. 

John  Wentworth,  jun.,  I  On  the  part  nn<n>chalf  of  the  state 


Josiah  Bartlett, 

John  Hancock, 
Samuel  Adams, 
Elbridge  Gerry, 

William  Ellery, 
Henry  Marchaut, 

Roger  Sherman, 
Samuel  Huntington, 
Oliver  Wolcott, 
Jas.  Duane, 
Fras.  Lewis, 

Jno.  Witherspoon, 

Robt.  Morris, 

Daniel  Roberdeau, 

Jona.  Bayard  Smith, 

Tho.  M'Kean,  Feb.  12,  1779, 

John  Dickinson,  May  5,  1779, 

John  Hanson, 

March  1st,  1871, 
Richard  Henry  Lee, 
John  Banister, 
Thomas  Adams, 
John  Penn, 

July  21st,  1773, 
Henry  Laurens, 
William  Henry  Draytoa, 
Jno.  Matthews, 
Jno.  Walton, 

24th  July,  1778, 


August  8,  1778, 
Francis  Dana, 
James  Lovcll, 
Samuel  Holten, 

John  Collins, 


Titus  Hopmer, 
Andrew  Adam, 

William  Duer, 
Gouv'r  Morris, 

Nath'l  Scudder, 

William  Clingan, 
Joseph  Reed, 

22d  July,  1778, 
Nicholas  Van  Dyke, 

Daniel  Carroll, 

March  1st,  1871, 
Jno.  Harvic, 


of  New  Hampshire. 


|  On  the  part  and  behalf  of  the  state 
f  of  Massachusetts-Bay. 

!0n  the  part  and  bcbalf  of  the  etate 
ofBhode-Ieland  and  Providence 
Plantations 

|  On  the  part  and  behnlf  of  the  state 
r"  of  Connecticut. 

I  On  the  part  and  behalf  of  the  state 
j  of  New-York. 

)  On  the  part  and  behalf  of  the  state 
I  of  New-Jersey,  November  SGta, 
)  1778. 

|  On  the  part  nnd  behalf  of  the  state 
(  of  Pennsylvania. 

I  On  the  part  and  behalf  of  the  state 
J  of  Delaware. 

/  On  the  part  and  behalf  of  the  state 
of  Maryland. 


•  ,'.r    *  T  On  tbc  part  nnd  behnlf  of  the  state 

Francis  Lightfoot  Lee,  V                    01  Virginia. 

Corn's  Harnett,  I  On  the  part  and  behalf  of  the  state 

Jno.  Williams,  cf  North-Carolina. 

Rich'd  HutPon  )  Q    thc  part  an(1  behalf  of  the  state 

Thos.  Hey  ward,  jun. ,  J-             *  of  South-Carolina. 

Edw'd  Telfair,  I  On  the  part  and  behalf  of  thc  state 

Edw'd  Langworthy,  f                   of  Gcorsria. 


O  0 1ST  S  T I T  TJ  T I O  U" 

OP  THE 

UNITED   STATES    OF    AMERICA. 


WE  the  People  of  the  United  States,  in  order  to  form  a  more  perfect  Union,  establish  Jus 
tice,  insure  domestic  Tranquillity,  provide  for  the  common  defence,  promote  the  general 
Welfare,  and  secure  the  Blessings  of  Liberty  to  ourselves  and  our  Posterity,  do  ordain  and 
establish  this  CONSTITUTION  for  the  United  States  of  America. 

ARTICLE  I. 

SECTION  1.  All  legislative  Powers  herein  granted  shall  be  vested  in  a  Congress  of  the 
United  States,  which  shall  consist  of  a  Senate  and  House  of  Representatives. 

SECTIONS.  The  House  of  Representatives  shall  be  composed  of  Members  chosen  every 
second  Year  by  the  People  of  the  several  States,  and  the  Electors  in  each  State  shall  have 
the  Qualifications  requisite  for  Electors  of  the  most  numerous  Branch  of  the  State  Legis 
lature. 

No  Person  shall  be  a  Representative  who  shall  not  have  attained  to  the  Age  of  twenty- 
five  Years,  and  been  seven  Years  a  Citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  Inhabitant  of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  Taxes  shall  be  apportioned  among  the  several  States  which 
may  be  included  within  this  Union,  according  to  their  respective  Numbers,  which  shall  be 
determined  by  adding  to  the  whole  Number  of  free  Persons,  including  those  bound  to  Ser 
vice  for  a  Term  of  Years,  and  excluding  Indians  not  taxed,  three  fifths  of  all  other  Persons. 
The  actual  Enumeration  shall  be  made  within  three  Years  after  the  first  Meeting  of  the  Con 
gress  of  the  United  States,  and  within  every  subsequent  Term  of  ten  Years,  in  such  Manner 
as  they  shall  by  Law  direct.  The  Number  of  Representatives  shall  not  exceed  one  for  every 
thirty  Thousand,  but  each  State  shall  have  at  Least  one  Representative;  and  until  such 
enumeration  shall  be  made,  the  State  of  New  Hampshire  shall  be  entitled  to  chuse  three, 
Massachusetts  eight,  Rhode-Island  and  Providence  Plantations  one,  Connecticut  five,  New- 
York  six,  New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia  ten, 
North  Carolina  five,  South  Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  Representation  from  any  State,  the  Executive  Authority 
thereof  shall  issue  Writs  of  Election  to  fill  such  Vacancies. 

The  House  of  Representatives  shall  chuse  their  Speaker  and  other  Officers ;  and  shall 
have  the  sole  Power  of  Impeachment. 

SECTION  3.  The  Senate  of  the  United  States  shall  be  composed  of  two  Senators  from 
each  State,  chosen  by  the  Legislature  thereof,  for  six  Years  ;  and  each  Senator  shall  have 
one  Vote. 

Immediately  after  they  shall  be  assembled  in  Consequence  of  the  first  Election,  they  shall 
be  divided  as  equally  as  may  be  into  three  Classes.  The  Seats  of  the  Senators  of  the  first 
Class  shall  be  vacated  at  the  Expiration  of  the  second  Year,  of  the  second  Class  at  the  Ex 
piration  of  the  fourth  Year,  and  of  the  third  Class  at  the  Expiration  of  the  sixth  Year, 
so  that  one  third  may  be  chosen  every  second  Year ;  and  if  Vacancies  happen  by  Resignation, 
or  otherwise,  during  the  recess  of  the  Legislature  of  any  State,  the  Executive  thereof  may 
make  temporary  Appointments  until  the  next  Meeting  of  the  Legislature,  which  shall  then 
fill  such  Vacancies. 


134  CONSTITUTION  OF  THE 

No  Person  phnll  be  a  Senator  who  ehall  not  have  attained  to  the,  Age  of  thirty  Tear?,  and 
been  nine  Ycara  a  Citizen  of  the  United  States,  and  who  Bhall  not,  when  elected,  be  an  In 
habitant  of  that  State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall  be  President  of  the  Senate,  but  Bhall  have 
no  Vote,  unless  they  be  equally  divided. 

The  Senate  shall  chase  their  other  Officers,  and  also  a  President  pro  tempore,  in  the  Ab 
sence  of  <he  Vice  President,  or  when  he  shall  exercise  the  Office  of  President  of  the  United 
States. 

The  Senate  Bhall  have  the  eole  Power  to  try  nil  Impeachments.  \Vben  sitting  for  that 
Purpose,  they  shall  be  on  Oath  or  Affirmation.  AVhcn  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  Bhall  preside:  And  no  Person  ehall  be  convicted  without  the  Con 
currence  of  two  thirds  of  the  Members  present. 

Judgment  in  Cases  of  Impeachment  ehall  not  extend  further  than  to  removal  from  Office, 
and  Disqualification  to  hold  and  enjoy  any  Office  of  honor,  Trust  or  Profit  under  the  United 
States :  but  the  Party  convicted  shall  nevertheless  be  liable  and  subject  to  Indictment,  Trial, 
Judgment  and  Punishment,  according  to  Law. 

SECTION  4.  The  Times,  Places  and  Manner  of  holding  Elections  for  Senators  and  Repre 
sentatives,  shall  be  prescribed  in  each  State  by  the  Legislature  thereof;  but  the  Congress 
may  at  any  time  by  Law  make  or  alter  such  Regulations,  except  as  to  the  places  of  chusing 
Senators. 

The  Congress  shall  assemble  at  least  once  in  every  Year,  and  such  Meeting  shall  be  on 
the  first  Monday  in  December,  unless  they  shall  by  Law  appoint  a  different  Day. 

SECTION  5.  Each  House  shall  be  the  Judge  of  the  Elections,  Returns  and  Qualifications 
of  its  own  Members,  and  a  Majority  of  each  shall  constitute  a  Quorum  to  do  Business;  but 
a  smaller  Number  may  adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the  At 
tendance  of  absent  Members,  in  such  Manner,  and  under  such  Penalties  as  each  House  may 
provide. 

Each  House  may  determine  the  Rules  of  its  Proceedings,  punish  its  Members  for  disor 
derly  Behaviour,  and,  with  the  Concurrence  of  two  thirds,  expel  a  Member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from  time  to  time  publish  the 
same,  excepting  such  Parts  as  may  in  their  Judgment  require  Secrecy ;  and  the  Yeas  and 
Nays  of  the  Members  of  eittfer  House  on  any  question  shall,  at  the  Desire  of  one  fifth  of 
those  Present,  be  entered  on  the  Journal. 

Neither  House,  during  the  Session  of  Congress,  shall,  without  the  Consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  Place  than  that  in  which  the  two  Houses 
bhall  be  sitting. 

SECTION  6.  The  Senators  and  Representatives  shall  receive  a  Compensation  for  their 
Services,  to  be  ascertained  by  Law,  and  paid  out  of  the  Treasury  of  the  United  States.  They 
shall  in  all  Cases,  except  Treason,  Felony  and  Breach  of  the  Peace,  be  privileged  from  Arrest 
during  their  Attendance  at  the  Session  of  their  respective  Houses,  and  in  going  to  and  re 
turning  from  the  same ;  and  for  any  Speech  or  Debate  in  either  House,  they  bhall  not  be 
questioned  in  any  other  Place. 

No  Senator  or  Representative  shall,  during  the  Time  for  which  he  was  elected,  be  ap 
pointed  to  any  civil  Office  under  the  Authority  of  the  United  States,  which  shall  have  been 
created,  or  the  Emoluments  whereof  ehall  have  been  encreascd  during  such  time  ;  and  no 
Person  holding  any  Office  under  the  United  States,  shall  be  a  Member  of  cither  House  during 
his  Continuance  in  Office. 

SECTION  7.  All  Bills  for  raising  Revenue  ehall  originate  in  the  House  of  Representatives ; 
but  the  Senate  may  propose  or  concur  with  Amendments  as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House  of  Representatives  and  the  Senate,  shall, 
before  it  become  a  Law,  be  presented  to  the  President  of  the  United  States ;  If  he  approve 
he  shall  sign  it,  but  if  not  he  shall  return  it,  with  his  Objections  to  that  House  in  which  it 
ehall  have  originated,  who  shall  enter  the  Objections  at  large  on  their  Journal,  and  proceed 
to  reconsider  it.  If  after  such  Reconsideration  two  thirds  of  that  House  shall  agree  to  pass 
the  Bill,  it  shall  be  sent,  together  with  the  Objections,  to  the  other  House,  by  which  it  shall 
likewise  be  reconsidered,  and  if  approved  by  two  thirds  of  that  House,  it  ehall  become  a 
Law.  But  in  all  such  Cases  the  Votes  of  both  Houses  shall  be  determined  by  Yeas  and 
Nays,  and  the  Names  of  the  Persons  voting  for  and  against  the  Bill  shall  be  entered  on  the 
Journal  of  each  House  respectively.  If  any  Bill  shall  not  be  returned  by  the  President 
within  ten  Days  (Sundays  except ed)  after  it  shall  have  been  presented  to  him,  the  Samo 
shall  be  a  law,  in  like  Manner  as  if  he  had  signed  it,  unless  the  Congress  by  their  Adjourn 
ment  prevent  its  Return,  in  which  Case  it  shall  not  be  a  Law. 

Every  Order,  Resolution,  or  Vote  to  which  the  Concurrence  of  the  Senate  and  House  of 
Representatives  may  be  necessary  (except  on  a  question  of  Adjournment)  ehall  be  presented 


UNITED   STATES   OF  AMEEICA.  135 

to  the  President  of  the  United  States  ;  and  before  the  Same  shall  take  Effect,  shall  be  ap 
proved  by  him,  or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds  of  the  Senate 
and  House  of  Representatives,  according  to  the  Rules  and  Limitations  prescribed  in  the 
Case  of  a  Bill. 

SECTION  8.    The  Congress  shall  have  Power 

To  lay  and  collect  Taies,  Duties,  Imposts  and  Excises,  to  pay  the  Debts  and  provide  for 
the  common  Defence  and  general  Welfare  of  the  United  States  ;  but  all  Duties,  Imposts  and 
Excises  shall  be  uniform  throughout  the  United  States ; 

To  borrow  Money  on  the  credit  of  the  United  States ; 

To  regulate  Commerce  with  foreign  Nations,  and  among  the  several  States,  and  Avith  the 
Indian  Tribes ; 

To  establish  an  uniform  Rule  of  Naturalization,  and  uniform  Laws  on  the  subject  of 
Bankruptcies  throughout  the  United  States  ; 

To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign  Coin,  and  fix  the  Standard  of 
Weights  and  Measures ; 

To  provide  for  the  Punishment  of  counterfeiting  the  Securities  and  current  Coin  of  the 
United  States ; 

To  establish  Post  Offices  and  post  Roads  ; 

To  promote  the  progress  of  Science  and  useful  Arts,  by  securing  for  limited  Times  to 
Authors  and  Inventors  the  exclusive  Right  to  their  respective  Writings  and  Discoveries ; 

To  constitute  Tribunals  inferior  to  the  supreme  Court; 

To  define  and  punish  Piracies  and  Felonies  committed  on  the  high  Seas,  and  Offences 
against  the  Law  of  Nations  ; 

To  declare  War,  grant  Letters  of  Marque  and  Reprisal,  and  make  Rules  concerning  Cap 
tures  on  Land  and  Water  ; 

To  raise  and  support  Armies,  but  no  Appropriation  of  Money  to  that  Use  ehall  be  for  a 
longer  Term  than  two  Years ; 

To  provide  and  maintain  a  Navy ; 

To  make  Rules  for  the  Government  and  Regulation  of  the  land  and  naval  Forces ; 

To  provide  for  calling  forth  the  Militia  to  execute  the  Laws  of  the  Union,  suppress  In 
surrections  and  repel  Invasions ; 

.  To  provide  for  organizing,  arming,  and  disciplining,  the  Militia,  and  for  governing  such 
Part  of  them  as  may  be  employed  in  the  Service  of  the  United  States,  reserving  to  the  States 
respectively,  the  Appointment  of  the  Officers,  and  the  Authority  of  training  the  Militia  ac 
cording  to  the  Discipline  prescribed  by  Congress ; 

To  exercise  exclusive  Legislation  in  all  Cases  whatsoever,  over  such  District  (not  ex 
ceeding  ten  Miles  square)  as  may,  by  Cession  of  particular  States,  and  the  Acceptance  of 
Congress,  become  the  Scat  of  the  Government  of  the  United  States,  and  to  exercise  like 
Authority  over  all  Places  purchased  by  the  Consent  of  the  Legislature  of  the  State  in  which 
the  Same  shall  be,  for  the  Erection  of  Forts,  Magazines,  Arsenals,  Dock- Yards,  and  other 
needful  Buildings  ; — And 

To  make  all  Laws  which  shall  be  necessary  and  proper  for  carrying  into  Execution  the 
foregoing  Powers,  and  all  other  Powers  vested  by  this  Constitution  in  the  Government  of 
the  United  States,  or  in  any  Department  or  Officer  thereof. 

SECTION  9.  The  Migration  or  Importation  of  such  Persons  as  any  of  the  States  now 
existing  shall  think  proper  to  admit,  shall  not  be  prohibited  by  the  Congress  prior  to  the 
Year  one  thousand  eight  hundred  and  eight,  but  a  Tax  or  Duty  may  be  imposed  on  such 
Importation,  not  exceeding  ten  dollars  for  each  Person. 

The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be  suspended,  unless  when  in  Cases 
of  Rebellion  or  Invasion  the  public  Safety  may  require  it. 

No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

No  Capitation,  or  other  direct,  Tax  shall  be  laid,  unless  in  Proportion  to  the  Census  or 
Enumeration  herein  before  directed  to  be  taken. 

No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from  any  State. 

No  Preference  shall  be  given  by  any  Regulation  of  Commerce  or  Revenue  to  the  Ports  of 
one  State  over  those  of  another :  nor  shall  Vessels  bound  to,  or  from,  one  State,  be  obliged 
to  enter,  clear,  or  pay  Duties  in  another. 

No  Money  shall  be  drawn  from  the  Treasury,  but  in  Consequence  of  Appropriations 
made  by  Law ;  ard  a  regular  Statement  and  Account  of  the  Receipts  and  Expenditures  of 
all  public  Money  shall  be  published  from  time  to  time. 

No  Title  of  Nobility  shall  be  granted  by  the  United  States :  And  no  Person  holding  any 
Office  of  Profit  or  Trust  under  them,  shall,  without  the  Consent  of  the  Congress,  accept  of 
any  present,  Emolument,  Office,  or  Title,  of  any  kind  whatever,  from  any  King,  Prince,  or 
foreign  State. 


130  CONSTITUTION  OF  THE 

SECTION  10.  No  State  shall  enter  into  any  Treaty,  Alliance,  or  Confederation ;  grant 
Letters  of  Marque  and  Reprisal ;  coin  Money  ;  emit  Bills  of  Credit ;  make  any  Thing  but 
gold  and  silver  Coin  a  Tender  In  Payment  of  Debts ;  papa  any  Bill  of  Attainder,  ex  post 
facto  Law,  or  Law  impairing  the  Obligation  of  Contracts,  or  grant  any  Title  of  Nobility. 

No  State  shall,  without  the  consent  of  the  Congress,  lay  any  Imposts  or  Duties  on  Im 
ports  or  Exports,  except  what  may  be  absolutely  necessary  for  executing  it's  inspection 
Laws:  and  the  net  Produce  of  all  Duties  and  Imposts,  laid  by  any  State  on  Imports  or  Ex 
ports,  shall  be  for  the  Use  of  the  Treasury  of  the  United  States  ;  and  all  euch  Laws  shall  be 
subject  to  the  Revision  and  Controul  of  the  Congress. 

No  State  shall,  without  the  Consent  of  Congress,  lay  any  Duty  of  Tonnage,  keep  Troops, 
or  Ships  of  War  in  time  of  Peace,  enter  into  any  Agreement  or  Compact  with  another  State, 
or  with  a  foreign  Power,  or  engage  in  War,  unless  actually  invaded,  or  in  euch  imminent 
Danger  as  will  not  admit  of  Delay. 

ARTICLE  II. 

SECTION  1.  The  executive  Power  shall  be  vested  in  a  President  of  the  United  States  of 
America.  He  shall  hold  his  Office  during  the  Term  of  four  Years,  and,  together  with  the 
Vice  President,  chosen  for  the  same  Term,  be  elected,  as  follows 

Each  State  shall  appoint,  in  such  Manner  as  the  Legislature  thereof  may  direct,  a 
Number  of  Electors,  equal  to  the  whole  Number  of  Senators  and  Representatives  to  which 
the  State  may  be  entitled  in  the  Congress :  but  no  Senator  or  Representative,  or  Person 
holding  an  Office  of  Trust  or  Profit  under  the  United  States,  shall  be  appointed  an  Elector. 

[*  The  Electors  shall  meet  in  their  respective  States,  and  vote  by  Ballot  for  two  Persons, 
of  whom  one  at  least  shall  not  be  an  Inhabitant  of  the  same  State  with  themselves.  And 
they  shall  make  a  List  of  all  the  persons  voted  for,  and  of  the  Number  of  Votes  for  each ; 
which  List  they  shall  sign  and  certify,  and  transmit  sealed  to  the  Seat  of  the  Government 
of  the  United  States,  directed  to  the  President  of  the  Senate.  The  President  of  the  Senate 
shall,  in  the  Presence  of  the  Senate  and  House  of  Representatives,  open  a!l  the  Certificate*, 
and  the  Votes  shall  then  be  counted.  The  Person  naving  the  greatest  Number  of  Votes 
shall  be  the  President,  if  such  Number  be  a  Majority  of  the  whole  Number  of  Electors 
appointed ;  and  if  there  be  more  than  one  who  have  such  Majority,  and  have  an  equal 
Number  of  Votes,  then  the  House  of  Representatives  shall  immediately  chuse  by  Ballot  one 
of  them  for  President ;  and  if  no  Person  have  a  Majority,  then  from  the  five  highest  on  the 
List  the  said  House  shall  in  like  Manner  chuse  the  President.  But  in  chusinir  4he 
President,  the  Votes  shall  be  taken  by  States,  the  Representation  from  each  State  having 
one  Vote ;  A  Quorum  for  this  Purpose  shall  consist  of  a  Member  or  Members  from  two- 
thirds  of  the  States,  and  a  Majority  of  all  the  States  shall  be  necessary  to  a  Choice.  In 
every  Case,  after  the  Choice  of  the  President,  the  Person  having  the  greatest  Number  of 
Votes  of  the  Electors  shall  be  the  Vice  President.  But  if  there  should  remain  two  or  more 
who  have  equal  Votes,  the  Senate  shall  chuse  from  them  by  Ballot  the  Vice  President.] 

The  Congress  may  determine  the  Time  of  causing  the  Electors,  and  the  Day  on  which 
they  shall  give  their  Votes ;  which  Day  shall  be  the  same  throughout  the  United  States. 

No  Person  except  a  natural  born  Citizen,  or  a  Citizen  of  the  United  States  at  the  time 
of  the  Adoption  of  this  Constitution,  shall  be  eligible  to  the  Ofiice  of  President ;  neither 
shall  any  Person  be  eligible  to  that  Office  who  shall  not  have  attained  to  the  Age  of  thirty- 
five  Years,  and  been  fourteen  Years  a  Resident  within  the  United  States. 

In  Case  of  the  Removal  of  the  President  from  Oflice,  or  of  his  Death,  Resignation,  or 
Inability  to  discharge  the  Powers  and  Duties  of  the  paid  Office,  the  same  shall  devolve  on 
the  Vice  President,  and  the  Congress  may  by  Law  provide  for  the  Case  of  Removal,  Death, 
Resignation,  or  Inability,  both  of  the  President  and  Vice  President,  declaring  what  Officer 
shall  then  act  as  President,  and  such  officer  shall  act  accordingly,  until  the  Disability  be 
removed,  or  a  President  shall  be  elected. 

The  President  shall,  at  stated  Times,  receive  for  his  Services,  a  Compensation,  which 
shall  neither  be  encreased  nor  diminished  during  the  Period  for  which  he  shall  have  been 
elected,  and  he  shall  not  receive  withiu  that  Period  any  other  Emolument  from  the  United 
States,  or  any  of  them. 

Before  he  enter  on  the  Execution  of  his  Office,  he  shall  take  the  following  Oath  or 
Affirmation  :— 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  Office  of  President  of 
"  the  United  States,  and  will  to  the  best  of  my  Ability,  preserve,  protect  and  defend  the 
44  Constitution  of  the  United  States." 


*  This  clause  within  brackets  has  been  superceded  and  annulled  by  the  12th  amendment. 


UNITED   STATES   OF  AMERICA.  137 

SECTION  2.  The  President  shall  be  Commander-in-Chief  of  the  Army  and  Navy  of  the 
United  States,  and  of  the  Militia  of  the  several  States,  when  called  into  the  actual  Service  of 
the  United  States ;  he  may  require  the  Opinion,  in  writing,  of  the  principal  Officer  in  each 
of  the  executive  Departments,  upon  any  Subject  relating  to  the  Duties  of  their  respective 
OQces,  and  he  shall  have  Power  to  grant  Reprieves  and  Pardons  for  Otfences  against  the 
United  States,  except  in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and  with  the  Advice  and  Consent  of  the  Senate,  to  make 
Treaties,  provided  two  thirds  of  the  Senators  present  concur  ;  and  he  shall  nominate,  and 
by  and  with  the  Advice  and  Consent  of  the  Senate,  shall  appoint  Ambassadors,  other  public 
Ministers  and  Consuls,  Judges  of  the  supreme  Court,  and  all  other  Officers  of  the  United 
States,  whose  Appointments  are  not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  Law ;  but  the  Congress  may  by  Law  vest  the  Appointment  of  such  inferior 
Officers,  as  they  think  proper,  in  the  President  alone,  in  the  Courts  of  Law,  or  in  the  Heads 
of  Departments. 

The  President  shall  have  Power  to  fill  up  all  Vacancies  that  may  happen  during  the 
Recess  of  the  Senate,  by  granting  Commissions  which  shall  expire  at  the  End  of  their 
next  Session. 

SECTION  3.  Tie  shall  from  time  to  time  give  to  the  Congress  Information  of  the  State  of 
the  Union,  and  recommend  to  their  Consideration  such  Measures  as  he  shall  judge  necessary 
and  expedient ;  he  may,  on  extraordinary  Occasions,  convene  both  Houses,  or  either  of 
them,  and  in  Case  of  Disagreement  between  them,  with  Respect  to  the  Time  of  Adjourn 
ment,  he  may  adjourn  them  to  such  Time  as  he  shall  think  proper ;  he  shall  receive 
Ambassadors  and  other  public  Ministers :  he  shall  take  Care  that  the  Laws  be  faithfully 
executed,  and  shall  Commission  all  the  officers  of  the  United  States. 

SECTION  4.  The  President,  Vice  President  and  all  civil  Officers  of  the  United  States,  shall 
be  removed  from  Office  on  Impeachment  for,  and  Conviction  of,  Treason,  Bribery,  or  other 
high  Crimes  and  Misdemeanors. 

ARTICLE  III. 

SECTION  1.  The  judicial  Power  of  the  United  States,  shall  be  vested  in  one  supreme 
Court,  and  in  such  inferior  Courts  as  the  Congress  may  from  time  to  time  ordain  and  estab 
lish.  The  Judges,  both  of  the  supreme  and  inferior  Courts,  shall  hold  their  Offices  during 
good  Behavior,  and  shall,  at  stated  Times,  receive  for  their  Services,  a  Compensation,  which 
shall  not  be  diminished  during  their  Continuance  in  Oilice. 

SECTION  2.  The  judicial  Power  shall  extend  to  all  Cases,  in  Law  and  Equity,  arising  under 
this  Constitution,  the  Laws  of  the  United  States,  and  Treaties  made,  or  which  shall  be  made, 
under  their  Authority ; — to  all  Cases  affecting  Ambassadors,  other  public  Ministers,  and 
Consuls ; — to  all  Cases  of  admiralty  and  maritime  Jurisdiction ; — to  Controversies  to  which 
the  United  States  shall  be  a  Party; — to  Controversies  between  two  or  more  States  ; — between 
a  State  and  Citizens  of  another  State;— between  Citizens  of  different  States,— between  Citi 
zens  of  the  same  State  claiming  Lands  under  Grants  of  different  States,  and  between  a  State, 
or  the  Citizens  thereof,  and  foreign  States,  Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other  public  Ministers  and  Consuls,  and  those  in 
which  a  State  shall  be  Party,  the  supreme  Court  shall  have  original  Jurisdiction.  In  all  the 
other  Cases  before  mentioned,  the  supreme  Court  shall  have  appellate  Jurisdiction,  both  as 
to  Law  and  Fact,  with  such  Exceptions,  and  under  such  Regulations  as  the  Congress  shall 
make. 

The  Trial  of  all  Crimes,  except  in  Cases  of  Impeachment,  shall  be  by  Jury ;  and  such 
Trial  shall  be  held  in  the  State  where  the  said  Crimes  shall  have  Lecn  committed ;  but  when 
not  committed  within  any  State,  the  Trial  shall  be  at  such  Place  or  Places  as  the  Congress 
may  by  law  have  directed. 

SECTION  3.  Treason  against  the  United  States,  shall  consist  only  in  levying  War  against 
them,  or  in  adhering  to  their  Enemies,  giving  them  Aid  and  Comfort.  No  Person  shall  be 
convicted  of  Treason  unless  on  the  Testimony  of  two  Witnesses  to  the  game  overt  Act,  or 
on  Confession  in  open  Court. 

The  Congress  shall  have  Power  to  declare  the  Punishment  of  Treason,  but  no  Attainder 
of  Treason  shall  work  Corruption  of  Elood,  or  Forfeiture  except  during  the  Life  of  the  Per 
son  attainted. 

ARTICLE   IV. 

SECTION  1.  Full  Faith  and  Credit  shall  be  given  in  each  State  to  the  public  Acts,  Records, 
and  judicial  Proceedings  of  every  other  State.  And  the  Congress  may  by  general  Laws  pre- 


138  CONSTITUTION     OF     TIIE 

scribe  the  Manner  in  which  euch  Acts,  Records  and  Proceedings  shall  be  proved,  and  tho 
Effect  thereof. 

SECTION  2.  The  Citizens  of  each  State  shall  be  entitled  to  all  Privileges  and  Immunities 
of  Citizens  in  the  several  States. 

A  Person  charged  in  any  State  with  Treason,  Felony,  or  other  Crime,  who  shall  flee  from 
Justice,  and  be  found  in  another  State,  shall  on  Demand  of  the  executive  Authority  of  the 
State  from  which  he  fled,  be  delivered  up,  to  be  removed  to  the  State  having  Jurisdiction  of 
the  Crime. 

No  Person  held  to  Service  or  Labour  in  one  State,  under  the  Laws  thereof,  escaping  into 
another,  shall,  in  Consequence  of  any  Law  or  Reflation  therein,  be  discharged  from  euch 
Service  or  Labour,  but  shall  be  delivered  up  on  Claim  of  the  Party  to  whom  such  Service  or 
Labour  may  be  due. 

SECTION  3  New  States  may  be  admitted  by  the  Congress  into  this  Union ;  but  no  new 
State  shall  be  formed  or  erected  within  the  Jurisdiction  of  any  other  State ;  nor  any  State  bo 
f orrne  J  by  the  Junction  of  two  or  more  States,  or  Parts  of  States,  without  the  Consent  of  the 
Legislatures  of  the  States  concerned  as  well  as  of  the  Congress. 

The  Congress  shall  have  Power  to  dispose  of  and  make  all  needful  Rules  and  Regulations 
respecting  the  Territory  or  other  Property  belonging  to  the  United  States  ;  and  nothing  in 
this  Constitution  shall  be  BO  construed  as  to  Prejudice  any  Claims  of  the  United  States,  or 
of  any  particular  State. 

SECTION  4.  The  United  States  shall  guarantee  to  every  State  in  this  Union  a  Republican 
Form  of  Government,  and  shall  protect  each  of  them  against  Invasion,  and  on  Application 
of  the  Legislature,  or  of  the  Executive  (when  the  Legislature  cannot  be  convened)  against 
domestic  Violence. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it  necessary,  shall  propose 
Amendments  to  this  Constitution,  or,  on  the  Application  of  the  Legislatures  of  two  thirds  of 
the  several  States,  shall  call  a  Convention  for  proposing  Amendments,  which,  in  either  Case, 
ehall  be  valid  to  all  Intents  and  Purposes,  as  Part  of  this  Constitution,  when  ratified  by  the 
Legislatures  of  three  fourths  of  the  several  States,  or  by  Conventions  in  three  fourths  thereof, 
as  the  one  or  the  other  Mode  of  Ratification  may  be  proposed  by  the  Congress ;  Provided 
that  no  Amendment  which  may  be  made  prior  to  the  Year  one  thousand  eight  hundred  and 
eight  shall  in  any  Manner  affect  the  first  and  fourth  Clauses  in  the  Ninth  Section  of  the  first 
Article;  and  that  no  State,  without  its  Consent,  shall  be  deprived  of  its  equal  Suffrage  in  the 
Senate. 

ARTICLE  VL 

All  Debts  contracted  and  Engagements  entered  into,  before  the  Adoption  of  this  Consti 
tution,  shall  be  as  valid  against  the  United  States  under  this  Constitution,  as  under  the  Con 
federation. 

This  Constitution,  and  the  Laws  of  the  United  States  which  shall  be  made  in  Pursuance 
thereof;  and  all  Treaties  made,  or  which  shall  be  made,  under  the  authority  of  the  United 
States,  shall  be  the  supreme  Law  of  the  Land ;  and  the  Judges  in  every  State  shall  be  bound 
thereby,  any  Thing  in  the  Constitution  or  Laws  of  any  State  to  the  Contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and  the  Members  of  the  several 
State  Legislatures,  and  all  executive  and  judicial  Officers,  both  of  the  United  States  and  of 
the  several  States,  shall  be  bound  by  Oath  or  Affirmation,  to  support  this  Constitution ;  but 
no  religious  Test  shall  ever  be  required  as  a  Qualification  to  any  Office  or  public  Trust  under 
the  United  States. 

ARTICLE  VII. 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be  sufficient  for  the  Establish 
ment  of  this  Constitution  between  the  States  so  ratifying  the  Same. 

Done  in  Convention  by  the  Unanimous  Consent  of  the  States  present  the  Seventeenth  Day 
of  September  in  the  Year  of  our  Lord  one  thousand  seven  hundred  and  Eighty  seven  and 
of  the  Independence  of  the  United  States  of  America  the  Twelfth.  IN  WITNESS  whereof 
We  have  hereunto  subscribed  our  Names, 

GEO  WASHINGTON  - 
Presidt  and  deputy  from  Virginia. 


UNITED     STATES     OF     AMERICA. 
NEW  HAMPSHIRE. 


130 


JOHN  LANGDON, 
NATHANIEL  GORHAM, 

WM.  SAML.  JOHNSON, 
ALEXANDER  HAMILTON. 


WIL:  LIVINGSTON, 
WM.  PATEKSON, 


B.  FRANKLIN, 
ROBT.  MORRIS, 
THO:  FITZSIMONS, 
JAMES  WILSON, 


GEO:  READ, 
JOHN  DICKINSON, 
JACO:  BROOM. 


JAMES  M'HENRY, 
DANL.  CARROLL. 


JOHN  BLAIR, 


WM.  BLOUNT, 
Hu.  WILLIAMSON. 


J.  RUTLEDGE, 
CHARLES  PINCKNET, 


WILLIAM  FEW, 
Attest: 


NICHOLAS 


MASSACHUSETTS. 

CONNECTICUT. 

NEW  YORK. 

NEW  JERSEY. 

PENNSYLVANIA. 

DELAWARE. 

MARYLAND. 

VIRGINIA. 

NORTH  CAROLINA. 

] 

SOUTH  CAROLINA. 


RUFUS  KING. 


ROGER  SHERMAN. 


DAVID  BREARLET, 
JONA.  DAYTON. 


THOMAS  MIFFLIN, 
GEO  :  CLYMER, 
JARED  INGERSOLL, 
Gouv:  MORRIS. 


GUNNING  BEDFORD,  Jun'r, 
RICHARD  BASSETT, 


DAN:  OF  ST.  Tnos.  JENIFER, 


JAMES  MADISON,  Jr. 


RICU'D  DOBES  SPAIGHT, 


GEORGIA. 


CHARLES  COTESWORTH  PINCKNEY, 
PIERCE  BUTLER. 


AER.  BALDWIN. 
WILLIAM  JACKSON,  Secretary. 


ARTICLES 


IN    ADDITION    TO,    AND    AMENDMENT    OF,    THE     CONSTITUTION    OF    THE 
UNITED    STATES    OF    AMERICA. 

ARTICLE  I.— Congress  shall  make  no  law  respecting  an  establishment  of  religion,  or 
prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom  of  speech,  or  of  the  press  ; 
or  the  right  of  the  people  peaceably  to  assemble,  and  to  petition  the  Government  for  a 
redress  of  grievances. 

ARTICLE  II.— A  well  regulated  Militia,  being  necessary  to  the  security  of  a  free  State, 
the  right  of  the  people  to  keep  and  bear  Arms,  shall  not  be  infringed. 

ARTICLE  III.— No  Soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  without  the 
consent  of  the  Owner,  nor  in  time  of  war,  but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE  IV.— The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers,  and 
effects,  against  unreasonable  searches  and  seizures,  shall  not  be  violated,  and  no  Warrants 
ehall  issue,  but  upon  probable  cause,  supported  by  Oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V.— No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  Grand  Jury,  except  in  cases  arising  in 
the  land  or  naval  fjrccs,  or  in  the  Militia,  when  in  actual  service  in  time  of  War  or  public 
d merer;  nor  shall  any  person  be  subject  for  the  same  offence  to  be  twice  put  in  jeopardy 
of  life  or  limb  ;  nor  shall  be  compelled  in  any  Criminal  Case  to  be  a  witness  against  himself, 
nor  be  deprived  of  life,  liberty  or  property,  without  due  process  of  law ;  nor  ehall  private 
property  be  taken  for  public  use,  without  just  compensation. 

ARTICLE  VI.— In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a  speedy 
and  public  trial,  by  an  impartial  jury  of  the  State  and  district  wherein  the  crime  shall  have 
been  committed,  which  district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation ;  to  be  confronted  with  the  witnesses 
against  him ;  to  have  Compulsory  process  for  obtaining  Witnesses  in  his  favour,  and  to 
have  the  Assistance  of  Counsel  for  his  defence. 

ARTICLE  VIL— In  Suits  at  common  law,  where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trinl  by  jury  shall  be  preserved,  and  no  fact  tried  by  a  jury  shall 
be  otherwise  re-examined  in  any  Court  of  the  United  States,  than  according  to  the  rules  of 
the  common  law. 

ARTICLE  VIII.— Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX.-— The  enumeration  in  the  Constitution,  of  certain  rights,  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X.— The  powers  not  delegated  to  the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved  to  the  States  respectively,  or  to  the  people. 

ARTICLE  XI.— The  Judicial  power  of  the  United  States  shall  not  be  construed  to  extend 
to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one  of  the  United  States  by 
Citizens  of  another  State,  or  by  Citizens  or  Subjects  of  any  Foreign  State. 

ARTICLE  XTI.— The  Electors  shall  meet  in  their  respective  States,  and  vote  by  ballot  for 
President  and  Vice-President,  one  of  whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves :  they  shall  name  in  their  ballots  the  person  voted  for  as  President, 
and  in  distinct  ballots  the  person  voted  for  as  Vice-President,  and  they  shall  make  distinct 
lists  of  all  persons  voted  for  as  President,  and  of  all  persons  voted  for  as  Vice-President, 
and  of  the  number  of  votes  for  each,  which  H«ta  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  the  Government  of  the  United  States,  directed  to  the  President  of  the 
Senate;— The  President  of  the  Senate  shall,  in  pre?ence  of  the  Senate  and  Ilonee  of 
Representatives,  open  all  the  certificates,  and  the  votes  shall  then  be  counted ;— The  person 


AMENDMENTS  TO  THE  CONSTITUTION.  141 

having  the  greatest  number  of  votes  for  President,  shall  be  the  President,  if  such  number 
be  a  majority  of  the  whole  number  of  Electors  appointed ;  and  if  no  person  have  such 
majority,  then  from  the  persons  having  the  highest  numbers,  not  exceeding  three,  on  the 
list  of  those  voted  for  as  President,  the  House  of  Representatives  shall  choose  imine'diately, 
by  ballot,  the  President.  But  in  choosing  the  President,  the  votes  shall  be  taken  by 
States,  the  representation  from  each  State  having  one  vote;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two-thirds  of  the  States,  and  a  majority  of  all 
the  States  shall  be  necessary  to  a  choice.  And  if  the  House  of  Representatives  shall  not 
choose  a  President  whenever  the  right  of  choice  shall  devolve  upon  them,  before  the  fourth 
day  of  March  next  following,  then  the  Vice-President  shall  act  as  President,  as  in  the  case 
of  the  death  or  other  constitutional  disability  of  the  President.  The  person  having  the 
greatest  number  of  votes  as  Vice-President,  shall  be  the  Vice-President,  if  such  number  be 
a  majority  of  the  whole  number  of  Electors  appointed,  and  if  no  person  have  a  majority, 
then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall  choose  the  Vice-President ; 
a  quorum  for  the  purpose  shall  consist  of  two-thirds  of  the  whole  number  of  Senators,  and 
a  majority  of  the  whole  number  shall  be  necessary  to  a  choice.  But  no  person  constitu 
tionally  ineligible  to  the  offices  of  President  shall  be  eligible  to  that  of  Vice-President  of  the 
United  States. 

ARTICLE  XIII. — Section  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punish 
ment  for  crime,  whereof  the  party  shall  have  been  duly  convicted,  shall  exist  within  the 
United  States,  or  any  place  subject  to  their  jurisdiction. 

Section  2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate  legislation. 

ARTICLE  XIV.—  Section  1.  All  persons  born  or  naturalized  in  the  United  States,  and 
subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the  State  wherein 
they  reside.  No  State  shall  make  or  enforce  any  law  which  shall  abridge  the  privileges  or 
immunities  of  citizens  of  the  United  States  ;  nor  shall  any  State  deprive  any  person  of  life, 
liberty,  or  property,  without  due  process  of  law,  nor  deny  to  any  person  within  its  juris 
diction  the  equal  protection  of  the  laws. 

Section  2.  Representatives  shall  be  appointed  among  the  several  States  according  to 
their  respective  numbers,  counting  the  whole  number  of  persons  in  each  State,  excluding 
Indians  not  taxed.  But  when  the  right  to  vote  at  any  election  for  the  choice  of  electors  for 
President  and  Vice-President  of  the  United  States,  representatives  in  Congress,  the  execu 
tive  or  judicial  officers  of  a  State,  or  the  members  of  the  Legislature  thereof,  is  denied  to 
any  of  the  male  inhabitants  of  such  State,  being  twenty-one  years  of  age,  and  citizens  of  the 
United  States,  or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other  crime, 
the  basis  of  representation  therein  shall  be  reduced  in  the  proportion  which  the  number  of 
such  male  citizens  shall  bear  to  the  whole  number  of  male  citizens  twenty-one  years  of  age 
in  such  State. 

Section  3.  No  person  shall  be  a  Senator  or  Representative  in  Congress,  or  elector  of 
President  and  Vice-President,  or  hold  any  office,  civil  or  military,  under  the  United  States, 
or  under  any  State,  who,  having  previously  taken  an  oath  as  a  member  of  Congress,  or  as 
an  officer  of  the  United  States,  or  as  a  member  of  any  State  Legislature,  or  as  an  executive 
or  judicial  officer  of  any  State,  to  support  the  Constitution  of  the  United  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the 
enemies  thereof.  But  Congress  may,  by  a  vote  of  two-thirds  of  each  house,  remove  such 
disability. 

Section  4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by  law,  in 
cluding  debts  incurred  for  payment  of  pensions  and  bounties  for  services  in  suppressing 
insurrection  or  rebellion,  shall  not  be  questioned.  But  neither  the  United  States  nor  any 
State  shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or  rebellion 
against  the  United  States,  or  any  claim  for  the  loss  or  emancipation  of  any  slave ;  but  all 
such  debts,  obligations,  and  claims  shall  be  held  illegal  and  void. 

Section  5.  Congress  shall  have  power  to  enforce,  by  appropriate  legislation,  the  pro 
visions  of  this  article. 

ARTICLE  XV.— Section  1.  The  rights  of  citizens  of  the  United  States  to  vote  ehall  not  be 
denied  or  abridged  by  the  United  States,  or  by  any  State,  on  account  of  race,  color,  or 
previous  condition  of  servitude. 

/Section  2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate  legislation. 


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